Petition Filed Under Articles 32 and 129
Dr Pankaj Pushkar, a former NCERT member, has approached the Supreme Court challenging content in an older Class 8 Social Science textbook. He filed the writ petition under Articles 32 and 129 of the Constitution.
The plea comes amid the recent controversy over NCERT’s new Class 8 textbook that carried an excerpt on “Corruption in Judiciary.” In that matter, the Supreme Court initiated suo motu proceedings and restrained the circulation of the book.
Impugned Line in 2015–2016 Textbook
Dr Pushkar has challenged a line from Social and Political Life – III (2015–2016 edition). The book is prescribed for Class 8 students.
The line appears on page 62 in a chapter discussing the judiciary and the right to livelihood. It reads:
“Recent judgments tend to view the slum dweller as an encroacher in the city.”
According to the petitioner, this statement presents judicial reasoning selectively and without context.
Allegation of Decontextualisation
The petition argues that the excerpt ignores the constitutional, statutory, and factual framework within which courts decide such cases. It states that the judiciary must balance competing rights, statutory obligations, and broader public interest concerns.
Dr Pushkar contends that presenting such content without proper explanation may distort young students’ understanding of constitutional adjudication. He argues that the line risks portraying the judiciary as insensitive or regressive.
Reference to Ongoing Suo Motu Case
The plea also refers to the Supreme Court’s observations in the ongoing suo motu matter concerning textbook content. It argues that embedding decontextualised judicial extracts in a nationwide curriculum may erode institutional confidence.
The petition further submits that such content could attract criminal contempt if it scandalises or undermines judicial authority.
Petitioner’s Institutional Background
Dr Pushkar states that he previously worked with NCERT as a Senior Associate Fellow (Pedagogy). He claims direct knowledge of textbook development and review mechanisms.
Reliefs Sought
The petition seeks several directions from the Supreme Court:
- Examination of the constitutional and pedagogical propriety of the impugned content
- Production of records relating to drafting, review, approval, and publication of the chapter
- Withdrawal, correction, or reconsideration of content described as constitutionally deficient
- Safeguards to prevent material that may undermine the dignity of the judiciary
The plea also urges the Court to exercise its powers under Article 129 to prevent any act that may scandalise the judiciary or interfere with the administration of justice.
Additionally, it seeks directions to ensure that future curricular material undergoes constitutionally compliant review mechanisms.
Case Details
The petition has been drafted by Advocate Raja Choudhary and filed through Advocate-on-Record Rajesh Singh Chauhan.
Case Title: Dr Pankaj Pushkar v. Union of India and Anr.
