New Delhi, Sept. 9 -- The judiciary is not, and cannot be, averse to criticism, the Supreme Court has said while cautioning that such criticism be voiced through the appropriate forum and in a fair, rational mechanism.

The observations by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana came while closing suo motu proceedings pertaining to the contents of the Class 8 NCERT textbook which referred to corruption in the judiciary.

The top court said the distinction lies not between criticism and silence, but between responsible discourse and uninformed assertion.

"The Judiciary, as an institution, is not, and cannot be, averse to criticism. Fair, informed and constructive critique of judicial functioning is a legitimate and necessary feature of a vibrant constitutional democracy, contributing to institutional accountability and self-correction.

"What is required, however, is that such criticism be voiced through the appropriate forum and in a fair, rational mechanism, and not find its way, without verification, into a school curriculum meant for impressionable minds," the bench said in its September 1 order, whose contents were later made available.

The apex court took note that the controversial chapter has been replaced based on the revisions suggested by an expert panel constituted by the Centre.

The bench was hearing a suo motu case concerning NCERT's Class 8 social science book, which contained "offending" content on corruption in the judiciary.

The top court had earlier modified its March 11 order that had directed the Centre, states and others to disassociate from three academicians following a row over the controversial chapter on corruption in the judiciary.

The apex court, which considered the explanation given by the three academicians, had left it open to the Centre, states, Union Territories, public universities and institutions that receive funds from the central or state govts to take an independent decision on the issue without being influenced by its observations made in the March 11 order.

Published by HT Digital Content Services with permission from Millennium Post.