NCERT Revises Judiciary Chapter After Supreme Court Intervention

The National Council of Educational Research and Training (NCERT) has released a revised version of its Class 8 Social Science textbook, Part 2, following a Supreme Court directive. The chapter on the judiciary, which previously included critical references to corruption and judicial backlog, has been rewritten to focus on constitutional principles and the structure of the Indian judiciary.

The original chapter, released in February, had drawn sharp reactions. It mentioned that the judicial system faced “corruption” and “massive backlog,” citing complaints received through the Centralised Public Grievance Redress and Monitoring System (CPGRAMS). It stated that over 1,600 complaints were received between 2017 and 2021, and that “people do experience corruption at various levels of the judiciary.” The Supreme Court took suo motu cognisance of the matter, ordering the withdrawal of physical and digital copies. The court later observed that the chapter gave the impression that the judiciary had acknowledged institutional corruption, while omitting its role in protecting constitutional rights and ensuring access to justice.

NCERT apologised, describing the inclusion as an “error of judgement,” and committed to rewriting the chapter. The revised version, released on Tuesday, drops the earlier critical sections entirely. Instead, Chapter 4, now titled “The Role of the Judiciary in Our Society,” opens with broader questions: “What is the concept of justice?”, “Why is it important for a just and harmonious society?”, “What is the structure and role of the judiciary in India?” and “What are the alternative modes of dispute resolution?”

The revised chapter emphasises the judiciary as “one of the three pillars of the government” and highlights its independence from the legislature and the executive. It explains that the judiciary ensures laws passed by legislatures remain within the “framework of the Constitution” and prevents the executive from “overstepping its role.” The tone has shifted from scrutiny of institutional shortcomings to institutional explanation.

New sections have been added. A segment on writ jurisdiction explains Articles 32 and 226, describing the right to constitutional remedies as “a right under the Constitution to file a writ petition” before the Supreme Court or high courts. The chapter also includes a detailed segment on Public Interest Litigation (PIL), describing it as “an innovation introduced by the Supreme Court” to address issues of public concern. Examples include the Hussainara Khatoon case (undertrial prisoners), M C Mehta’s environmental litigation, and the Vishaka guidelines on workplace sexual harassment.

The chapter expands on the Supreme Court’s jurisdictions: original, appellate, advisory, and special leave, with references to Articles 141 and 142. It lists 25 high courts, explains subordinate courts, and introduces tribunals such as the National Company Law Tribunal (NCLT), consumer forums, National Green Tribunal (NGT), Central Administrative Tribunal (CAT), Appellate Tribunal for Electricity (APTEL), and the Armed Forces Tribunal. A new section on digital technology mentions e-filing, hybrid hearings, live streaming, translation of judgments, and the National Judicial Data Grid.

Another major addition is alternative dispute resolution. The chapter explains arbitration, mediation, Lok Adalats, and Gram Nyayalayas as methods to reduce the burden on courts. It also notes the replacement of the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

The controversy also had consequences for the academics involved. The Supreme Court had directed that three academics associated with the chapter—Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar—be disassociated from public-funded curriculum work. The court later lifted the life ban after accepting their explanation. The Centre has said they will not be associated with future textbook development.