Tag: Corruption in Judiciary

  • If the Judiciary Is Bleeding, Who Fired the First Shot?

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    There are systematic attempts underway to undermine the institutional authority of the Supreme Court and to damage the reputation of the judiciary. If these attempts are not stopped, the sanctity of the judiciary in the eyes of the people will erode. It will influence the tender minds of the youth. “Shots have been fired at us… the judiciary is bleeding,” expressed Justice Suryakant of the Supreme Court of India in anguish. For describing corruption in the judiciary in an 8th-grade textbook published by the National Council of Educational Research and Training, he went so far as to announce a ban on that very book. He ordered that the book should not be available even in digital form. Following these prohibitory orders, NCERT withdrew several lakh copies of the textbook. It was also reported that a bookstore owner was arrested by the police for selling photocopies of the textbook. “I will not tolerate anyone on this earth attempting to defame the judiciary,” said the Chief Justice.

    When he expressed his anger over the textbook, Prime Minister Narendra Modi was in Israel. Official sources told the media that Modi too was distressed that the judiciary’s sentiments had been hurt and remarked, “Who is overseeing all this?” After returning to the country, Modi reportedly raised the issue in a Cabinet meeting as well. News reports said he remarked, “How can we tell 8th-grade children ourselves that there is corruption in our judiciary?” Education Minister Dharmendra Pradhan also expressed regret over including the controversial chapter on corruption in the judiciary in the 8th-grade textbook. “We have immense respect for the judiciary. We did not intend to insult it deliberately,” he said. The Supreme Court sent notices to NCERT Chairman Professor Dinesh Prasad Saklani.

    With the Chief Justice expressing concern, is there really a conspiracy behind this entire episode to defame the judiciary? Are there systematic efforts underway to reduce public respect for the judiciary? In fact, the Congress attempted to create the impression that it was the Modi government itself that engineered this conspiracy. “For a decade, the BJP government has been trying to spread its ideological virus through textbooks. The inclusion of details about corruption in the judiciary was not accidental. It was a systematic attempt to corrupt the minds of students,” said Congress spokesperson Jairam Ramesh. He made indirect remarks suggesting there was evidence that Modi himself guided this process and that the RSS was behind it. Lawyers Kapil Sibal and Abhishek Singhvi, who argue opposition cases in the Supreme Court, made submissions that led Justice Suryakant to treat the matter more seriously. They succeeded in creating the impression that a major conspiracy had taken place.

    It is because people believe that they will ultimately receive justice through the judiciary that lakhs of them approach the courts. If they did not believe courts would deliver justice, there is a possibility that they might resort to vigilante justice instead of going to court. It cannot be said that Justice Suryakant’s view — “We cannot allow students to develop the impression that justice is not available in this country” — is entirely wrong. The textbook mentioned a judgment that described slum dwellers as encroachers. However, by highlighting such instances, it would be inappropriate to portray the entire judiciary as anti-poor.

    Quoting Martin Luther King Jr.’s words, “Injustice anywhere is a threat to justice everywhere,” CBI Special Judge Justice Jitendra Singh, in his recent judgment on the Delhi liquor case, detailed across nearly 600 pages how the CBI allegedly tailored facts to suit its narrative in order to implicate political opponents of the ruling party. He asked, “If even policy decisions taken to strengthen the economy are treated as crimes, how can any government take decisions?” He pointed out the injustice of keeping accused persons imprisoned for months based solely on the statements of approvers and accomplice witnesses. He observed that the right to life and personal liberty did not come from the government’s grace but from the Constitution, and that unless a balance is maintained between the Constitution and statutory law, public trust in the criminal justice system would erode. It is noteworthy that even constitutional benches which had refused stays in several instances in the Delhi liquor cases did not reflect at such depth as the lower court did. Regardless of how much this judgment is challenged in higher courts, the significance of the questions it raises will not diminish.

    By banning a textbook that mentioned corruption in the judiciary, students may lose the opportunity to learn in the classroom about what is happening within the judicial system. The very act of banning it has created greater discussion and drawn more attention to the issue. Do students learn about the world only through textbooks? Just because something is not mentioned in a textbook, will they automatically form a favorable opinion of the judiciary? It is no secret that today social media has far greater influence than any textbook. Do 8th-grade students not watch television or read newspapers? Moreover, as mentioned in the textbook, the government itself has repeatedly informed Parliament that crores of cases are pending across the Supreme Court, High Courts, district and subordinate courts. The textbook also cited remarks made in 2025 by then Chief Justice Justice Gavai that corruption and misconduct in the judiciary erode public trust. Therefore, merely banning the textbook will not increase public respect for the judiciary. It is impossible to conceal such matters from students simply by excluding them from textbooks.

    Secondly, it has become a matter of debate whether the Supreme Court has the constitutional authority to ban a book or a speech. In a democratic society, censoring a book falls under curtailing freedom of expression guaranteed by Article 19. Legal experts are raising questions about whether judicial orders fall within the permissible restrictions under Article 19 and whether the Constitution grants such authority to the judiciary. When their fundamental rights are violated, citizens can approach the courts. But when courts themselves infringe upon fundamental rights, what is to be done? they ask.

    After the strict stance taken by the Supreme Court, NCERT has fallen in line—and so has the government. Everyone is offering clarifications and apologies. NCERT apologized in court and assured that the books would be withdrawn, but the court is not satisfied with that. The Chief Justice has put a stay on the book. But is this really an issue related to corruption in the judiciary, or is there some other story behind it?

    In reality, the chapter titled ‘Corruption in Judiciary’ included in NCERT’s Class 8 book was not an attempt to inform students about corruption existing at any level within the judiciary. It appears to be an effort to raise questions about the credibility of the judiciary and influence public perception. It should be noted that NCERT books are not prepared randomly, as if someone wrote something arbitrarily and it got printed. There is a long process behind it. Every subject has two committees that oversee the entire process—from preparing the content to its publication.

    This chapter appears in the Class 8 Social Science book. It is perhaps just a coincidence that the head of the Curricular Area Group that prepared the Social Science book is a guest professor at IIT Gandhinagar, Michel Danino. This committee oversees the selection and writing of content for social science textbooks. After this comes the National Syllabus and Teaching Learning Materials Committee, a high-level committee that gave the book its final shape. The chairman of this committee is MC Pant, Chancellor of the National School of Planning and Administration. Professor Manjul Bhargava of Princeton University is its co-chair. Apart from them, there are 19 members including Sudha Murty and Sanjeev Sanyal, a member of the Prime Minister’s Economic Advisory Council. Think about it—if all these people have truly fulfilled their responsibilities, it would mean that the book’s content passed through all their scrutiny and none of them found anything objectionable in it. It is worth noting that around the same time, remarks previously made by Sanjeev Sanyal that “the judiciary is the main obstacle to rapid development in this country,” were also brought up.

    So the question is whether a committee that prepares textbook content in line with the prevailing social and political narrative in the country would inadvertently decide to teach eighth-grade students about alleged corruption in the judiciary. It is hard to believe that this happened accidentally.

    Then the question arises: why did the government not defend it in court? If so many people collectively played a role in preparing the book, then either action should be taken against all of them, or the government should defend the book in court. If one closely observes the narrative that has emerged on social media regarding this entire episode, it seems that the objective behind including this chapter in the book has already been achieved. A discussion on corruption in the judiciary has begun, and a debate has also erupted over the Supreme Court’s move to stop this discussion. There is a large group arguing that corruption exists in the judiciary and that it should be investigated and openly discussed. The same group is also saying that the judiciary becomes immediately sensitive about matters concerning itself and does not want its issues to come before the public.

    Senior Supreme Court lawyer and public interest litigator Prashant Bhushan has also objected to certain remarks made by the Supreme Court and some senior lawyers. He wrote on social media that in 2007, Transparency International had said that in public perception, the judiciary was the second most corrupt institution. He wrote that if discussion on this issue is suppressed, it will only strengthen public perception. Later, former NCERT Director JS Rajput also questioned the Supreme Court’s stance and said that stopping discussion on corruption in the judiciary is not appropriate.

    Why should the court react only when corruption in the judiciary is mentioned? Why remain silent when other institutions are criticized? This entire episode has also brought the case of Yashwant Varma back into discussion. Burnt currency notes were reportedly recovered from his residence when he was a judge of the Delhi High Court. The incident took place around Holi last year, and now another Holi has arrived. Nothing has happened in one year. There is an impeachment motion in Parliament that is to be investigated. People are asking what happened after sacks of cash were allegedly recovered from a judge’s residence. If action had been taken and an example set, it would have positively influenced public perception. But no action has been taken on such a major issue of corruption.

    There are those who argue that there is nothing wrong with textbooks discussing the ailments present in the country and that only by discussing them can they be resolved. For example, irregularities in the electoral system have also been discussed in textbooks, including an image of currency notes found in a candidate’s car. Do such incidents not occur? Over time, several allegations have been made against High Court and Supreme Court judges. There are no records of any judge being convicted or impeached over corruption allegations; at most, transfers have taken place. While ordinary citizens and political leaders face CBI raids and ED investigations, why does the same not happen to judges? The very higher judiciary that banned the 8th-grade textbook must answer these questions.