The Supreme Court has ordered the removal of a Class‑VIII textbook published by the NCERT, citing possible contempt of court. A fresh committee of legal experts will now decide the appropriate content for schoolchildren.
Key Developments
- Supreme Court shelved the contested textbook and the authors pending a review.
- A new committee of eminent jurists has been constituted to examine the material.
- The Court reiterated the distinction between civil contempt and criminal contempt, emphasizing that criticism must be factual and not aimed at undermining public confidence.
- Chief Justices Sabyasachi Mukherjee, P.B. Gajendragadkar, and S.P. Bharucha highlighted the need for judicious use of contempt powers and the importance of academic freedom.
Important Facts
The Court clarified that contempt cannot be invoked merely because a judge feels offended; it must address a false or prejudicial image that threatens the judiciary’s credibility. Judges derive their real power from public trust, which underpins the doctrine of judicial review. Repeated denigrating reports can erode this trust, weakening the court’s ability to check excesses of the other branches.
Historical precedents were cited: Lord Denning’s stance that contempt should not suppress free speech, and the 1987 Spycatcher judgment where the judiciary refrained from penalising the press for calling judges “old fools”.
Exam Relevance
Understanding the balance between freedom of speech and the need to protect the judiciary’s authority is crucial for GS2 (Polity) and GS4 (Ethics) papers. Aspirants should note how contempt powers are used to safeguard institutional integrity while re