Paper: GS – IV, Subject: Ethics, Topic: Accountability and Transparency, Issue: SC’s on NCERT Book Ban.
Context:
The Supreme Court banned a Class 8 NCERT textbook chapter citing concerns over references to judicial corruption and delay. This raises issues of transparency, accountability, and public trust in judiciary.
- The Court’s action reflects a broader issue regarding the relationship between the judiciary and public perception, particularly in the context of corruption and delays in the judicial process.
Key Takeaways:
1. Judicial Accountability and Public Trust:
- The Supreme Court’s ban on the NCERT textbook is indicative of a troubling trend in judicial accountability.
- The Court’s decision to punish authors without due process undermines public trust in the judiciary.
- Judicial transparency is essential for maintaining the integrity of the legal system.
2. Freedom of Speech and Censorship:
- The ban on the textbook constitutes a severe form of censorship, infringing upon the right to freedom of speech as guaranteed by Article 19 of the Indian Constitution.
- Judicial orders do not equate to laws made by the state, and thus cannot justify restrictions on free speech.
- The lack of a legal basis for the ban raises questions about the Court’s adherence to constitutional principles.
3. Criteria for Contempt of Court: The Court’s decision did not adequately address whether mere references to corruption and delays in the judiciary met the threshold for contempt of court.
4. Global Perspectives on Judicial Reform: In advanced democracies, judicial credibility is a priority, with various reforms aimed at enhancing transparency and accountability. The Kenyan judiciary’s reforms serve as a successful model, demonstrating that acknowledging issues leads to increased public trust.
5. Judicial Integrity and Corruption: The judiciary must confront its internal challenges, including corruption and delays, to maintain public confidence. The Supreme Court has previously recognized the need for high standards of conduct among judges, emphasizing that even a single dishonest judge can tarnish the entire system.
6. The Role of Dissent, Acknowledgement and Reform: An effective judiciary must remain open to dissent and reform, as suppressing criticism weakens democratic discourse. Acknowledging institutional weaknesses is necessary for meaningful reform and for fostering an informed and accountable society.
Recommendations:
- Promote Judicial Transparency: Establish mechanisms for public engagement and feedback on judicial processes.
- Encourage Open Dialogue: Foster a culture where dissenting opinions are welcomed and considered in judicial deliberations.
- Implement Reforms: Learn from global best practices to enhance judicial accountability and public trust.
- Educate Civil Society: Increase awareness about judicial challenges and the importance of transparency in governance.
The NCERT book ban highlights a deeper tension between judicial authority and democratic accountability. From both governance and ethical standpoints, credibility of the judiciary is best preserved not by suppressing criticism, but by embracing transparency, introspection, and reform.
Source: (The Hindu)
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