The Supreme Court on Wednesday took objection to the National Council of Educational Research and Training (NCERT) Director Dr Dinesh Prasad Saklani's submission that the controversial Class 8 Social Science textbook released by NCERT containing a section on “corruption in judiciary” has been rewritten.
The Court was hearing a suo motu case initiated by it over the controversial NCERT textbook chapter.A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi noted that the reply by the NCERT director was "disturbing" since it does not give any details on the experts who have rewritten the chapter or those who approved its inclusion in the revised book.
"Reply of NCERT director is disturbing as it is submitted that in terms of directions issued by us, chapter IV of the book has been duly rewritten. It is further stated that the revised chapter shall be incorporated in the forthcoming academic session and shall be implemented across schools in terms with applicable school curriculum framework. Neither the affidavit nor otherwise has apprised the court as to who are the alleged subject experts who has re-written the chapter again and who has approved its inclusion. Suffice to say that more complexity shall be created," the Court said.
In light of the same, the Court directed that the rewritten chapter shall not be published until it is reviewed by a committee of domain experts.The Court then directed the Central government to constitute the committee which shall comprise one retired judge, one renowned academician and one renowned lawyer.
"If NCERT wishes to teach the next generation about the judiciary, we are disappointed that no single eminent jurist is there in the committee. We are equally perturbed by the stand taken by NCERT director. If at all the chapter is rewritten, we direct the same shall not be published unless approved by a committee of domain experts. We direct government of India to frame a committee of domain experts which should have one former senior judge, one renowned academician and one renowned practitioner," the Bench directed.
The expert committee of domain experts is to be formed within one week and the National Judicial Academy at Bhopal should also be taken into confidence for the preparation of content on legal studies, the Court further ordered.
Pertinently, the Court also directed that the Union government and States shall not associate with Professor Michel Danino, Suparna Diwakar and Alok Prasanna Kumar, who were involved in drafting the earlier controversial chapter.
This was after the NCERT director informed the Court that Danino was involved in drafting the earlier chapter and he was assisted by Diwakar and Kumar.
"At the outset, we have no reason to doubt that professor Michel Danino along with Ms Diwakar and Mr Alok Prasanna Kumar either does not have reasonable knowledge about Indian judiciary or they deliberately, knowingly misrepresented the facts in order to project a negative image of the Indian judiciary before students of class 8 who are at an impressionable age. There is no reason as to why such persons be associated in any manner with the preparation of curriculum or finalisation of textbook for the next generation. We direct Union, all States, all institutions receiving State funds to disassociate them from rendering any service which would mean payment to them from public funds," the Court directed.
However, the three individuals can approach Supreme Court for modification of this order, the Court added."This is subject to them approaching this Court for seeking modification after tendering their response," the Bench ordered.Interestingly, the Court also directed that action should be taken against "some elements" on social media for "acting irresponsibly."
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