NCERT book ban, a chapter on judicial transparency, Pg6

Key Highlights:

• The Supreme Court of India ordered a ban on an NCERT Class eight social science textbook in February due to passages on judicial delay and corruption.
• The Court cited concerns about selective references to corruption and an underlying agenda to undermine the judiciary's authority.
• The ban has raised concerns about freedom of speech under Article 19 of the Constitution.
• The Court also directed that the persons responsible for preparing the passages should be ‘disassociated’ from future projects by governments and public universities.

Detailed Insights:

• The ban impacts Article 19, which guarantees freedom of speech, restricted only by state laws on specific grounds.
• Judicial orders are not considered 'law' under Article 19, raising questions about the ban's legality.
• The ban raises concerns about whether references to corruption and case backlogs meet the threshold for contempt of court.
• Courts are tasked with reviewing laws that may violate fundamental rights, but citizens lack recourse when courts ban books.
• Transparency International surveys indicate a global perception of judicial corruption, prompting reforms in countries like Kenya.
• The Supreme Court has acknowledged issues of delay and corruption, with judges cautioning against "bad apples."
• The Court has held that judges are "public servants" under the Prevention of Corruption Act, emphasizing the need for honesty.
• The author argues that acknowledging and addressing corruption is crucial for the judiciary's integrity and public trust.

Key Concepts Involved:

• Article 19: Guarantees freedom of speech and expression in India, subject to reasonable restrictions.
• Contempt of Court: Actions that scandalize the court's authority or interfere with judicial proceedings.
• Judicial Review: The power of the judiciary to examine the constitutionality of laws passed by the legislature.

Contempt of Court