SC recalls order blacklisting three academics over NCERT judicial corruption chapter

The Supreme Court on Friday (May 22) recalled its earlier order wherein three academics, involved in the preparation of NCERT’s controversial chapter on judicial corruption in a class 8 text book, were blacklisted from being included any Central or State Universities and any other educational institutions.

The apex court further stated that the Centre and the state governments have the liberty to take independent decision on involving these academics for educational projects.

Court withdraws earlier restrictions

The bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order, also expunging the critical observations made against the three academics- Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar- in the earlier order.

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The earlier order stated that the three academics "deliberately and knowingly have misrepresented the facts in order to project a negative image of the Indian Judiciary to students of Class 8,” reported Live Law.

The apex court stated that it was satisfied with the explanation offered by the academics, according to which there was no element of malice in preparing the chapter, adding that it was finalised based on a collective decision.

Academics challenge earlier order

Senior Advocate Shyam Divan, appearing for Michel Danino, submitted before the Court that the March 11 order had been passed without granting an opportunity of hearing to the academics concerned.

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He clarified that the preparation of the textbook chapter was not a case of "individual authorship" but had emerged through a collective process involving multiple persons. Divan further sought suspension of the adverse observations made by the Court, submitting that the order carried "far reaching consequences."

Senior Advocate Gopal Sankaranarayanan, appearing for Alok Prasanna Kumar, submitted that the chapter on the judiciary in the Class 8 textbook was not an isolated exercise and was in continuation of discussions introduced in Classes 6 and 7.

He submitted that the textbook also addressed concerns affecting other institutions of administration. According to him, issues which are openly debated in the public domain and media cannot be kept away from students, who should develop an understanding of institutions with "warts and all."

Arguments over public discussion in education

Maintaining that there was no malicious intent in the preparation of the material, he submitted that meaningful solutions can emerge only through open discussions in schools and universities. He questioned whether institutions should be "white-washed" before students.

Also Read: NCERT apologises after facing SC ire over chapter on judicial corruption

Justice Bagchi observed that the concern was whether corruption had been portrayed as an issue peculiar to the judiciary. Senior Advocate J Sai Deepak, appearing for Suparna Diwakar, submitted that his client's role had remained limited and argued that the order would impact their right to livelihood.