• Latest
A critique of the judiciary and a disproportionate response

A critique of the judiciary and a disproportionate response

April 10, 2026

Ridon dares Sara Duterte to attend Monday’s impeachment trial

September 12, 2026

9/11 at 25: How the ‘War on Terror’ helped mainstream Europe’s far right | Opinions

September 12, 2026

Stranger’s act of kindness leaves Singapore mum touched after he carries injured child to clinic

September 12, 2026

Railway Department issues special notice

September 12, 2026

Sending troops to Ukraine means…: Putin’s warning to Europe

September 12, 2026

Congress’ Manish Tewari as New Delhi gears up to host BRICS Summit

September 12, 2026

One-day awareness session on WASH issues held

September 12, 2026

TOYO identifies gas chemicals, fertilizers as key areas in Turkmenistan (Exclusive)

September 12, 2026

Israeli demolitions threaten schools and homes in Masafer Yatta | Israel-Palestine conflict News

September 12, 2026

DFA: China’s ‘island-building’ can’t erase PH rights over reefs

September 12, 2026

Jerusalem highlights: September 11-17 | The Jerusalem Post

September 12, 2026

Playing it SAF and fair for our athletes

September 12, 2026
Saturday, September 12, 2026
  • About us
  • Advertise with us
  • Submit Articles
  • Privacy Policy
  • Contact us
Asia Today
No Result
View All Result
Subscribe
  • Login
  • Eastern Asia
    • China
    • Japan
    • Mongolia
    • North Korea
    • South Korea
  • South-eastern Asia
    • Brunei
    • Cambodia
    • Indonesia
    • Laos
    • Malaysia
    • Myanmar
    • Philippines
    • Singapore
    • Thailand
    • Timor Leste
    • Vietnam
  • Southern Asia
    • Afghanistan
    • Bangladesh
    • Bhutan
    • India
    • Iran
    • Maldives
    • Nepal
    • Pakistan
    • Sri Lanka
  • Central Asia
    • Kazakhstan
    • Kyrgyzstan
    • Tajikistan
    • Turkmenistan
    • Uzbekistan
  • Western Asia
    • Armenia
    • Azerbaijan
    • Bahrain
    • Cyprus
    • Georgia
    • Iraq
    • Israel
    • Jordan
    • Kuwait
    • Lebanon
    • Oman
    • Qatar
    • Saudi Arabia
    • State of Palestine
    • Syria
    • Turkey
    • United Arab Emirates
    • Yemen
  • More News
    • Opinion
    • Politics
    • Business
    • Entertainment
    • Fashion
    • Food
    • Health
    • Lifestyle
    • Science
    • Tech
    • Sports
  • Eastern Asia
    • China
    • Japan
    • Mongolia
    • North Korea
    • South Korea
  • South-eastern Asia
    • Brunei
    • Cambodia
    • Indonesia
    • Laos
    • Malaysia
    • Myanmar
    • Philippines
    • Singapore
    • Thailand
    • Timor Leste
    • Vietnam
  • Southern Asia
    • Afghanistan
    • Bangladesh
    • Bhutan
    • India
    • Iran
    • Maldives
    • Nepal
    • Pakistan
    • Sri Lanka
  • Central Asia
    • Kazakhstan
    • Kyrgyzstan
    • Tajikistan
    • Turkmenistan
    • Uzbekistan
  • Western Asia
    • Armenia
    • Azerbaijan
    • Bahrain
    • Cyprus
    • Georgia
    • Iraq
    • Israel
    • Jordan
    • Kuwait
    • Lebanon
    • Oman
    • Qatar
    • Saudi Arabia
    • State of Palestine
    • Syria
    • Turkey
    • United Arab Emirates
    • Yemen
  • More News
    • Opinion
    • Politics
    • Business
    • Entertainment
    • Fashion
    • Food
    • Health
    • Lifestyle
    • Science
    • Tech
    • Sports
No Result
View All Result
Morning News
No Result
View All Result
Home Opinion

A critique of the judiciary and a disproportionate response

by Asia Today Team
April 10, 2026
in Opinion
Reading Time: 4 mins read
21 0
A A
0
A critique of the judiciary and a disproportionate response
24
SHARES
306
VIEWS
Share on FacebookShare on Twitter

READ ALSO

Playing it SAF and fair for our athletes

Not criminalising marital rape is hurting women


It isn’t usually that middle-school civics sparks judicial controversy. The current banning of a civics textbook by the Supreme Court docket, nonetheless, has snowballed from a faculty lesson right into a query of judicial authority and institutional temperament.

The episode would likely have passed as a minor skirmish had the Court’s response been proportionate. Instead, the Supreme Court responded with unprecedented force. (HT Archive)
The episode would possible have handed as a minor skirmish had the Court docket’s response been proportionate. As a substitute, the Supreme Court docket responded with unprecedented power. (HT Archive)

The details are, by now, well-known. The Supreme Court docket took suo motu cognisance of a chapter in a category VIII NCERT textbook titled “The Function of the Judiciary in Our Society”. The chapter presents the judiciary as a pillar of democracy, situates it constitutionally and descriptions its position as protector of residents’ rights. On the similar time, it acknowledges broadly recognised challenges — pendency of instances, scarcity of judges, and chance of corruption throughout the system. It’s this reference to institutional challenges that drew the Supreme Court docket’s ire.

Nonetheless, the episode would possible have handed as a minor skirmish had the Court docket’s response been proportionate. To the extent the chapter is criticised for bias, omission or substantiation, a reasoned critique and a directive for revision would have been adequate. As a substitute, the Supreme Court docket responded with unprecedented power. Its remarks invoked malicious intent, spoke of the judiciary “bleeding,” and warned that “heads should roll”. It demanded the names of authors, initiated contempt proceedings, and went as far as to direct that three lecturers be blacklisted from publicly funded curriculum work. A blanket ban was imposed on the textbook, and quick seizure of all current copies was ordered. NCERT’s apology, too, was not accepted. It was an unusually muscular response to a schoolbook.

The existence of a statutory provision that allows such an train of energy is contestable. However equally pressing is the query of what such motion communicates. When courts show disproportionate fury, it creates quick ripple results. Even when unintended, they mirror the very govt overreach that they’re meant to test. Teachers, universities and residents self-censor out of worry. Disagreement and dissent are stifled. In a single occasion, a legislation scholar who wrote a weblog publish critiquing the judiciary was requested by his college to delete it. That he didn’t oblige was the younger man’s train of his democratic proper — and to his credit score. The truth that such a request was made in any respect reveals the local weather such interventions create.

Mockingly, a cautious studying of the chapter does reveal one genuinely objectionable ingredient. Nevertheless it lies elsewhere. It’s within the odd and pointless inclusion of Hindu mythological references used for instance constitutional concepts.

In a plural, secular republic, weaving non secular narratives into State-sanctioned schooling corrodes the very wall that the Structure erects between religion and State. If something, that is what clashes with constitutional values. But, curiously, this breach has barely raised an eyebrow.

There are different features too — gratuitous emphasis on some former judges over others, for example, skews what should be an even-handed introduction to constitutional operate. The side-trip right into a judgment on Sanskrit schooling is as puzzling as is the elevation of environmental legislation over core foundational doctrines. These are all editorial misfires that demand critical revision.

However critique of the chapter needn’t come on the expense of the court docket’s dignity, the NCERT, or the elemental rights of its authors. Judicial authority, painstakingly constructed over a long time of principled restraint and authorized rigour, is earned not by the load of its hand, however by the stableness of its steadiness. Its train have to be measured and aimed toward correction, not intimidation.

For if even the best court docket speaks the language of intimidation, because the State usually does, to whom, then, shall the citizen flip? The legislation could also be written in ink, however its weight is written in belief.

Because the court docket now examines affidavits filed by the blacklisted lecturers by which they state that the chapter employed normal essential pedagogy, was a collective work with no single creator, and subjected to rigorous assessment earlier than finalisation, it should proceed in a manner that preserves each, justice and public belief.

The chapter’s flaws too, have to be examined of their entirety.

Whether or not the Court docket can act on this manner is a query for constitutional attorneys. Whether or not it ought to, is a query for everybody else.

Insiyah Vahanvaty is a socio-political commentator and creator of ‘The Fearless Choose’. Ashish Bharadwaj is ex-dean at BITS Pilani and Jindal World College. The views expressed are private



Source link

Tags: critiquéDisproportionatejudiciaryresponse

Related Posts

Opinion

Playing it SAF and fair for our athletes

September 12, 2026
Opinion

Not criminalising marital rape is hurting women

September 11, 2026
Opinion

Caesarean deliveries’ rising numbers may not be all bad

September 10, 2026
Opinion

Beyond a monolithic Gen Z youth

September 9, 2026
Opinion

Singaporeans thank 35-member SPF team in Nepal to support disaster relief efforts 

September 8, 2026
Opinion

Karachi’s climate marches need a bigger tent

September 7, 2026
Asia Today

Copyright © 2022 Asia Today.

Navigate Site

  • Disclaimer
  • Privacy Policy
  • Cookie Privacy Policy
  • DMCA
  • Terms and Conditions
  • Contact us

Follow Us

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Homepages
  • World
  • Eastern Asia
    • China
    • Japan
    • Mongolia
    • North Korea
    • South Korea
  • South-eastern Asia
    • Brunei
    • Cambodia
    • Indonesia
    • Laos
    • Malaysia
    • Myanmar
    • Philippines
    • Singapore
    • Thailand
    • Timor Leste
    • Vietnam
  • Southern Asia
    • Afghanistan
    • Sri Lanka
    • Bangladesh
    • Bhutan
    • India
    • Iran
    • Maldives
    • Nepal
    • Pakistan
    • Central Asia
    • Kazakhstan
    • Kyrgyzstan
    • Tajikistan
    • Turkmenistan
    • Uzbekistan
  • Western Asia
    • Armenia
    • Azerbaijan
    • Bahrain
    • Cyprus
    • Georgia
    • Iraq
    • Israel
    • Jordan
    • Kuwait
    • Lebanon
    • Oman
    • Qatar
    • Saudi Arabia
    • State of Palestine
    • Syria
    • Turkey
    • United Arab Emirates
    • Yemen
  • Opinion
  • Politics
  • Business
  • Entertainment
  • Fashion
  • Food
  • Health
  • Lifestyle
  • Science
  • Tech
  • Travel
  • Sports
  • About us
  • Advertise with us
  • Privacy Policy
  • Contact us
  • Support AsiaToday

Copyright © 2022 Asia Today.