Senior Advocate Kapil Sibal has stated that the controversy surrounding an NCERT Class 8 chapter referring to “corruption in the judiciary” reflects a broader decline in public confidence. He said the situation would not have arisen had judges consistently adhered to constitutional morality.
Sibal made these remarks at Justice Unplugged 2026, organised by The Hindu in association with VIT School of Law, during a discussion on constitutional morality and the Supreme Court.
Concerns Over Selective Focus on Judiciary
Addressing the NCERT content, Sibal said the chapter appeared to target the judiciary selectively. While acknowledging that corruption exists across institutions, he questioned why judicial corruption was highlighted in isolation in a school textbook.
He warned that such framing could shape young students’ perception, leading them to believe that justice delivery is routinely compromised.
Supreme Court’s Suo Motu Action
Sibal referred to the Supreme Court’s recent suo motu proceedings against NCERT officials. The Court observed that the content amounted to an attempt to scandalise the judiciary and directed seizure of printed copies along with removal of digital versions.
He supported the Court’s decision, stating that protecting institutional credibility among young citizens was essential.
Breakdown of Constitutional Morality
Sibal described constitutional morality as a dynamic principle requiring courts to act “without fear or favour.” However, he said the current scenario reflects a breakdown of constitutional machinery.
He criticised the functioning of institutions, stating that:
- The executive dominates the legislature due to majority
- Opposition voices are often not heard
- Courts increasingly defer matters instead of adjudicating
Concerns on Article 32 Jurisdiction
Referring to Article 32, Sibal questioned why significant matters involving public officials are often redirected to High Courts. He emphasised that Article 32 is a fundamental right and should be exercised effectively by the Supreme Court.
Allegations on Use of Investigative Agencies
Sibal also raised concerns regarding arrests of protestors and the use of laws such as:
- Prevention of Money Laundering Act (PMLA)
- Unlawful Activities (Prevention) Act (UAPA)
He alleged that such provisions are being used selectively and that institutional mechanisms are suppressing dissent.
Views on Secularism and Institutional Integrity
On secularism, Sibal said intolerance has deepened in recent years. He argued that institutions have been increasingly influenced, although he described the judiciary as an exception.
He emphasised that societal transformation is necessary for true secularism.
Remarks on Criminal Justice System
Sibal criticised what he termed a “colonial mindset” in criminal law, where arrests are made before evidence is established. He argued that a modern legal system must prioritise evidence before action.
He referred to several political leaders and cases to highlight concerns about selective enforcement.
Conclusion
Sibal concluded that the NCERT controversy reflects deeper institutional concerns. He reiterated that adherence to constitutional morality by the judiciary is essential to maintaining public confidence and safeguarding democratic values.
