NCERT row: SC asks Govt, states to dissociate from team behind chapter

Saying that it “has not been apprised who are the domain experts who have rewritten the chapter and who has approved it for incorporation in the curriculum of academic session 2026-2027”, the bench, which included Justices Joymalya Bagchi and Vipul M Pancholi, directed that the rewritten chapter should not be published unless approved by a committee of domain experts.

It asked the Centre “to constitute a committee of domain experts which may preferably include one former senior judge, one prominent academician and one renowned practitioner.”

The bench said Danino and his associates “either do not have reasonable informed knowledge about the Indian judiciary and/ or they deliberately and knowingly misrepresented the facts in order to project a negative image of the Indian judiciary before the students of Class 8 who are of impressionable age.”

“We see no reason as to why these kinds of persons should be associated in any manner for the purpose of preparation of curriculum or for finalisation of the textbooks for the next generation of children of this country,” it said.

“Consequently, we direct the Government of India and all State Governments/ Union Territories, all universities, public institutions receiving government funds, to dissociate with them forthwith and not to assign any responsibility which incurs fully or partially public funds,” it said.

The bench, however, clarified that “this order… shall be subject to their approaching this court for modification along with an explanation, if any.”

The bench also directed NCERT to revisit the composition of the National Syllabus and Teaching Learning Material Committee (NSTC), given that the chapter was digitally circulated to some of them by the TDT.

The Centre, meanwhile, told the court that it has decided to review textbooks of all classes. “I am instructed to say that the central government has already directed NCERT to review textbooks of all standards, not just (Class) 8, from the context in which we are looking at it. We have already instructed,” Solicitor General Tushar Mehta told the bench.

The CJI remarked that “instead of leaving it to the NCERT, we would appreciate if the central government itself constitutes some high-level committee.”

“It shall be done… It would be neutral, independent, domain experts… This requires a systemic change which we have already started,” Mehta submitted.

The bench also expressed concern over social media comments on the issue and asked the Centre to identify the websites and persons behind such posts, and to provide the details so that action can be taken.

“After the order dated February 26 was passed, some elements in the so-called social media have acted and reacted irresponsibly. We firmly believe in catching the bull by the horn. We accordingly direct the Government of India to identify such sites, persons running those sites, and furnish their full details to enable us to take action. Law must take its own course against mischief mongers,” it said.

Saying that its directions “are not intended to prevent any healthy and legitimate criticism of the institutional functioning of the judiciary”, the bench added, “if the judiciary, like any other institution, is suffering from deficiencies, and an expert committee highlights them, it would be a welcome step for future generations”.

On February 26, the court had sought responses from the Secretary, Department of School Education and Literacy, Government of India, and NCERT in the matter, asking them to explain why contempt of court proceedings should not be initiated against them.

In response, Sanjay Kumar, Secretary, Department of School Education and Literacy, filed an affidavit tendering “unconditional and unqualified apology”. He said the department was “not involved in any sense, whatsoever, in developing, preparing and publishing of textbooks.”

NCERT Director Dinesh Prasad Saklani, too, filed an affidavit tendering “unconditional and unqualified apology”. He said the chapter “was drafted by the textbook development team under the chairmanship of Prof Michel Danino consisting of….Suparna Diwakar… (and) Alok Prasanna Kumar”. Saklani also said that they “shall not be associated with any activity of NCERT hereafter.”

The Council said the chapter was to be looked at by members of the National Syllabus and Teaching Learning Material Committee (NSTC) comprising 19 people, but it was “not placed before the NSTC” and was circulated “only amongst a few members digitally”.