GS 2: PolityEthics

A textbook, criticism, the Court and contempt, Pg6

Supreme Court addresses NCERT textbook controversy, emphasizing contempt power limits, free speech, and judicial integrity.

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Key Highlights:

  • The Supreme Court addressed concerns regarding the portrayal of the judiciary in a Class eight textbook by the NCERT.
  • The Court has temporarily suspended the textbook and formed a committee of legal experts to review the content.
  • The article discusses the power of contempt of court, specifically focusing on criminal contempt, which involves scandalizing or lowering the authority of the court.
  • The article emphasizes that criticism of the judiciary should be based on facts and not be ill-motivated to denigrate the institution.

Detailed Insights:

  • Criminal contempt is invoked when a false image of the court is spread, potentially damaging public trust, which is the foundation of the court's power.
  • Judges should exercise the power to punish for contempt cautiously, as frequent use can adversely affect the court's dignity; they should rely on the quality of their judgments to earn respect.
  • The judiciary's power of judicial review ensures accountability, transparency, and good governance by providing relief against administrative wrongdoing and legislative excess.
  • The article suggests that offering the writers of the textbook a chance to explain their comments could have led to a resolution without escalating the matter.
  • Students should be educated about the judiciary's role in protecting fundamental rights and the challenges it faces, including infrastructure, manpower, and corruption.
  • The judiciary needs to develop better instruments to tackle internal corruption, as current methods like impeachment and transfer have limitations.

Key Concepts Involved:

  • Contempt of Court: The offense of disobeying or disrespecting a court's authority, including actions that scandalize or undermine public confidence in the judiciary.
  • Judicial Review: The power of the judiciary to examine the actions of the legislative and executive branches of government and determine whether such actions are consistent with the constitution.
  • Fundamental Rights: Basic human rights guaranteed to all citizens, including the rights to equality, freedom of speech, and freedom of religion, as enshrined in the Constitution.
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