The Supreme Court of India on Friday underscored the importance of free speech and academic perspective, observing that the judiciary should not be “oversensitive” to healthy criticism of its judgments. The remarks came as the Centre informed the top court that it has constituted a high-level expert committee, including former apex court judges, to review and draft content for a Class 8 NCERT social science textbook.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi was hearing a petition filed by former NCERT member Pankaj Pushkar. The petitioner had raised concerns over a passage in an older Class 8 textbook which stated that “recent judgments tend to view the slum dweller as an encroacher in the city.”
During the proceedings, Solicitor General Tushar Mehta informed the court that the Union Government has established an expert panel to oversee the revision of the chapter concerning the judiciary.
The committee includes:
- KK Venugopal: Senior Advocate and former Attorney General for India.
- Justice Indu Malhotra: Former Judge of the Supreme Court.
- Justice Aniruddha Bose: Former Supreme Court Judge and current Director of the National Judicial Academy.
- A Vice Chancellor (name not specified).
“We have formed the committee to draft the chapter. Mr. KK Venugopal will be a member of the committee. Justice Indu Malhotra will also be a part. We have also requested Justice Aniruddha Bose from the National Judicial Academy to be there,” the Solicitor General submitted before the Bench.
The Supreme Court declined to entertain the petition against the textbook content, maintaining that academic materials pointing out different viewpoints on judicial rulings do not warrant interference.
Chief Justice Surya Kant noted that the textbook provides a comprehensive view of the legal system, highlighting both the structure and the achievements of the courts. However, the inclusion of critical perspectives is essential to a balanced education.
“It’s a viewpoint about a judgment. That’s a healthy criticism. Why the judiciary should be so oversensitive about that,” the CJI observed orally.
The Bench further clarified that while the book highlights the positive work done by the courts, it also acknowledges public sentiment regarding certain rulings. “Then they say, however, there are also Court judgments that people believe work against the best interests of common persons. This is a viewpoint about a judgment, people have a right to criticise our judgments,” the court remarked.
By refusing to entertain the plea, the apex court has effectively cleared the way for the expert committee to proceed with the curriculum review while reinforcing the principle that judicial actions are subject to public and academic scrutiny.
