The manner in which Chief Justice Surya Kant’s bench is proceeding in the
#NCERT matter is terribly disquieting.
If the Chief Justice truly wishes, in his own words, to “catch the bull by the horn,” then there is a far worthier place to begin: with accountability within the institution. Let the Chief Justice tell the country what happened to those 8630 COMPLAINTS AGAINST SITTING JUDGES received by the Chief Justice of India’s Office over the last 10 years!
The Chief Justice’s bench is not only coming down heavily on the textbook chapter, but also now overseeing the proposal for an expert panel to vet future content touching the judiciary! Even more troubling is the manner in which the Chief Justice made severe, contemptuous remarks against academics who may actually possess a deeper engagement with history, pedagogy and democratic theory than some judges who sit in judgment over them, all WITHOUT affording them any opportunity to respond, explain, or defend their work!
As I wrote in my column for
@frontline_india, the team associated with drafting the chapter may have exercised its policy discretion in concluding that the problem of judicial corruption was serious enough to warrant prominence in the chapter. Can the court then condemn this in this manner, for a policy choice they were entitled to make? Where is the procedural fairness, at the very least? To publicly censure scholars, taint their reputations, and then ensure, in practical effect, that they are kept away from future government work is disproportionate and is only a form of judicial punishment without trial. (Column here:
frontline.thehindu.com/colum…)
The question is not whether school textbooks should be accurate, balanced or responsibly written. Of course they should! The question is whether a constitutional court can intervene in so SWEEPING and HIGH-HANDED a manner that it effectively begins to supervise pedagogy, blacklist academics by judicial signal, and expand its own oversight from one chapter in one book to future textbooks of higher classes that may mention the judiciary at all. That is not adjudication but an institutional overreach DRESSED UP as constitutional guardianship! Since when did the Court become a curriculum authority? Since when did retired members of the judicial fraternity become the natural custodians of how young citizens are to be taught about courts, corruption, criticism and institutional failure?
One would have thought that, in a democracy, the judiciary earns public trust by the force of its conduct and reasoning.
As for the Chief Justice’s reported remarks on social-media criticism, that critics must know how to “deal” with him, the language is simply ASTONISHING, though keeping in line with Chief Justice’s similar past utterances. The language is wholly unbecoming of a constitutional court, let alone of the highest judge in the country. A judge may be stern, may be offended, and may even warn against reckless imputations. But the language of personal settling, of teaching dissidents how to “deal” with him, belongs to street power, not constitutional power. In one of my other
@frontline_india columns, I wrote about judicial temperament. Such language actually betrays a temper that is DANGEROUSLY at odds with the restraint, distance, and moral seriousness that the office of a judge demands. (Column here:
frontline.thehindu.com/colum…)
The 8630 complaints, let the Chief Justice of India place in the public domain the details of how those complaints were handled, screened, buried, or acted upon.
Let him show the standards by which allegations of corruption, impropriety, conflict of interest, and sexual misconduct are treated when they concern judges themselves.
My RTIs have failed because opacity has been elevated into doctrine at the Supreme Court of India. But what the RTIs have achieved is to unveil this doctrine before the country. Can it be in institutional interest for the Chief Justice to continue maintaining opacity around the complaints which is precisely what fuels public suspicion?
It is far too easy to threaten contempt and legal troubles against citizens, academics, lawyers, or social-media users who speak about corruption in the judiciary.
But Chief Justice Kant must know that it is far harder to build an ethic of public confidence through transparency, self-scrutiny and demonstrable fairness.
That is the real test of integrity. Not muscular language from the bench. And not such coercive sanitisation of criticism. So can the judiciary submit itself to the standards of accountability that it so routinely demands from everyone else? Can Chief Justice Kant ensure this during his term?