Supreme Court Disposes of Suo Motu Proceedings Over NCERT's Judicial Corruption Chapter After Withdrawal

The Supreme Court of India on September 1, 2026, formally closed its suo motu proceedings concerning a controversial chapter in an NCERT Class 8 Social Science textbook that had referred to “corruption in the judiciary.” The decision came after the Union Government confirmed that the offending material had been permanently withdrawn and replaced with revised content now in circulation. In a significant clarification, the Court also stated that certain remarks recorded in its earlier order regarding three academics involved in drafting the chapter were merely submissions made by parties and not judicial findings.

The case, registered as In Re: Social Science Textbook for Grade-8 (Part 2) published by NCERT and ancillary issues (SMW (C) 1/2026), was heard by a three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana. The proceedings began in February 2026 after media reports highlighted a section titled “Corruption in Judiciary” within the textbook Exploring Society: India and Beyond (Vol. 2). The Court took strong exception to the content, which listed challenges such as “corruption at various levels of the judiciary” and “massive backlog of cases” among other issues, viewing it as an affront to the dignity of the judiciary.

Controversy Erupts Over Textbook Chapter

The chapter in question formed part of a unit on “The Role of Judiciary in our Society.” It contained sub-topics that, according to the Court, selectively quoted a former Chief Justice of India’s statement and gave the impression that institutional corruption had been acknowledged by the judiciary itself. The Bench expressed being “in shock” upon reading the material, noting that it was inappropriate for a foundational academic text aimed at impressionable students.

On February 26, the Supreme Court imposed an immediate ban on the production and distribution of the textbook, directing all physical and digital copies to be withdrawn nationwide. Contempt notices were issued to senior NCERT officials and the Secretary of the Department of School Education, demanding explanations for the inclusion of the “offending chapters.” The Court also directed the NCERT Director to furnish the names and credentials of the National Syllabi Board members involved in drafting the chapter and to produce original minutes of relevant meetings.

Supreme Court Steps In

The NCERT responded promptly, issuing a press release on February 25, 2026, describing the inclusion as an “inadvertent error of judgment” and announcing that the chapter would be rewritten. The council expressed regret and assured that the revised material would be vetted by appropriate authorities before being introduced in the 2026–27 academic session. Despite this, the Court maintained its strong stance, warning that any attempt to distribute the book would amount to wilful breach of its order.

The controversy then shifted to the three academics who had prepared the chapter: Professor Michel Danino, Suparna Diwakar, and Alok Prasanna Kumar. On March 11, the Supreme Court directed the Central government, all state governments, universities, and educational institutions to “disassociate” from these three experts in any public-funded academic or curriculum-related work. This blacklisting directive was issued without giving the academics an opportunity to be heard, prompting them to challenge the order.

Blacklisting and Recall

In May 2026, the Supreme Court recalled its blacklisting direction, acknowledging that the academics had been penalised before being able to defend themselves. The Court also withdrew an earlier observation that the three had “deliberately or knowingly misrepresented facts” in the controversial chapter. However, the order recorded a submission by Solicitor General Tushar Mehta that the curriculum had not been placed before the NCERT committee at all levels and thus could not be termed a collective decision of the council.

It was this recorded submission that became the subject of further clarification on September 1. Senior Advocate Arvind Datar, appearing for one of the academics, argued that the wording in the May 22 order could be misconstrued as a judicial finding of negligence against his client. He explained that, as per NCERT procedure, every textbook must pass through two committees—one with 44 members and another with eight—and that his client had indeed submitted the material to those committees. “It's a statement of responsibility. It's an order of the Supreme Court. Tomorrow they will show it and say I was negligent,” Datar submitted, urging the Court to explicitly record that the parties had followed the prescribed process.

Final Clarification and Disposal

Solicitor General Tushar Mehta clarified that the government had never accused the academics of failing to submit the curriculum. He stated, “We never said that they had not placed it. I said factually that curriculum was not placed before the committee and therefore it was not a collective decision.” The Bench then made it unequivocally clear that the disputed portion of its earlier order was only a record of submissions made before the Court, not an independent finding. The Court stated: “It is clarified that these were only statements reported and not the observations or order passed by the Court. These are not observations or an order of the Court. With these observations, the main case and the proceedings are also disposed of.”

Senior Advocates Gopal Sankaranarayanan and J. Sai Deepak, representing the other two academics, supported Datar’s application. The Court also noted that the government had constituted an expert panel that revised the chapter, and the new textbooks were already in active circulation across schools. With the principal issue resolved, the Bench formally closed the case.

Broader Debate on Judicial Role

The case sparked a wider discussion about the limits of judicial intervention in academic and curricular matters. The Campaign for Judicial Accountability and Reforms criticised the Supreme Court’s initial intervention, arguing that NCERT is an autonomous body and that its textbooks are developed under structured expert committees. The organisation stated: “Without examining or reasoning as to illegality, the Court banned the book and assumed the role of pedagogical expert which is a position it is not equipped to occupy.”

Legal experts noted that while the judiciary must protect its dignity and independence, the manner in which the Court proceeded—issuing contempt notices, banning a textbook nationwide, and blacklisting academics without due process—raised concerns about overreach. The eventual recall of the blacklisting and the clarification on the nature of the recorded submissions restored some balance, but the episode underscores the tension between judicial oversight and academic freedom.

For the legal community, the case serves as a reminder of the judiciary’s sensitivity to any perceived attack on its integrity, especially in educational materials. It also highlights the importance of procedural fairness when courts exercise their suo motu contempt powers. The closure of the proceedings, with the offending chapter withdrawn and the academics’ reputations protected, brings an end to a chapter that tested the boundaries of judicial authority in the sphere of education.