Context:
- The Supreme Court’s recent suo motu intervention regarding an NCERT textbook passage allegedly portraying judicial corruption has highlighted the importance of protecting the reputation and dignity of public institutions.
- The Court’s action underscores that public confidence is central to constitutional governance.
- However, the episode also raises a broader constitutional issue: whether the principle of dignity and protection from misrepresentation should apply equally to institutions and social communities, especially in educational content.
Supreme Court’s Assertion of Institutional Responsibility:
- Protection of institutional credibility:
- The Court emphasised that constitutional institutions depend on public trust, not merely legal authority.
- The misrepresentation in textbooks can cause long-term reputational damage, particularly among young students.
- Swift judicial intervention signals the need to protect institutional legitimacy in a democracy.
- Significance of suo motu action: It demonstrates judicial vigilance in safeguarding constitutional institutions, reinforcing the idea that reputational harm can weaken governance structures.
Education and Civic Imagination:
- Role of textbooks in nation-building:
- Textbooks shape civic consciousness and democratic values.
- Curriculum choices influence how citizens understand history, society, and constitutional values.
- Omission or selective representation can produce distorted public understanding.
- Recent curriculum changes:
- Recent NCERT revisions have drawn attention to omissions and modifications -
- Removal of references to the Gujarat riots (Class XII Political Science).
- Dilution and later removal of references to the Babri Masjid demolition.
- Reduced coverage of Mughal history, Caste struggles, and Dalit movements.
- While curriculum revision is normal in governance, cumulative changes raise concerns about sanitised history and selective narratives.
Representation and Social Perception:
- Risks of partial narratives:
- Communities represented mainly through conflict narratives (which reinforce stereotypes), and victimhood narratives (which obscure agency and achievements).
- Partial truths, repeated over time, can become deep-rooted prejudice.
- Importance of balanced representation:
- Honest history must include oppression and injustice, reform movements, intellectual traditions, and contributions to society.
- Balanced representation strengthens democratic citizenship.
Constitutional Doctrine of Dignity:
- Justice Ujjal Bhuyan: Emphasised that vilification of communities on grounds of religion, caste, language, or region is constitutionally impermissible.
- Centrality of fraternity:
- Fraternity is a core constitutional value. It ensures social cohesion, mutual respect, and shared belonging.
- Without fraternity, equality becomes formal, and liberty becomes fragmented.
Constitutional Framework:
- The principle of dignity is supported by multiple constitutional provisions.
- For example,
- Preamble: Fraternity assures the dignity of the individual.
- Fundamental Rights: Article 14 (Equality before law), Article 15 (Prohibition of discrimination), Article 21 (Right to life including dignity).
- Fundamental Duties: Article 51A(e) – Promotion of harmony and brotherhood.
- Together, these provisions establish a normative framework for respectful public discourse.
Statutory Safeguards:
- Legal provisions addressing hate speech and vilification include -
- IPC Section 153A – Promoting enmity between groups.
- IPC Section 153B – Imputations prejudicial to national integration.
- IPC Section 295A – Outraging religious feelings.
- IPC Section 505 – Statements causing public mischief.
- These laws form the legal backbone against communal incitement, though enforcement often appears uneven.
Challenges:
- Selective vigilance: Strong protection of institutions but inconsistent protection of communities creates a perceived hierarchy of dignity.
- Curriculum politicisation: Educational content influenced by political priorities risk of historical sanitisation.
- Uneven legal enforcement: Hate speech laws applied inconsistently. Normalisation of stereotypes in public discourse.
- Weak emphasis on fraternity: Fraternity remains the least discussed constitutional value. The concept saw limited integration into policy and education.
Way Forward:
- Ensure balanced curriculum: NCERT revisions should be evidence-based, transparent, academically rigorous, and include multiple perspectives in historical narratives.
- Consistent constitutional protection: Equal protection of institutions, individuals, and communities, to avoid hierarchy of dignity.
- Strengthen legal enforcement: Uniform application of hate speech provisions, and clear standards for intervention.
- Promote constitutional values: Greater emphasis on fraternity, dignity, and social harmony. Integrate constitutional ethics into education.
Conclusion:
- The Supreme Court’s intervention on NCERT content goes beyond protecting judicial reputation; it signals a broader constitutional principle — dignity is indivisible.
- A robust democracy must defend both institutions and communities with equal seriousness.
- The true strength of constitutional governance lies not only in safeguarding its institutions but also in ensuring that every citizen and community enjoys equal respect and belonging.