1 Mar 2026·Source: The Hindu

5 min

Polity & GovernanceSocial IssuesNEWS

Lawyers' vigilance is crucial against gradual erosion of democracy: Singhvi

Abhishek Singhvi emphasizes lawyers' role in recognizing and addressing gradual democratic erosion.

Chief Justice of India Surya Kant took strong exception to the inclusion of a section on “corruption in the judiciary” in the new Social Science textbook for Class 8 published by the National Council of Educational Research and Training (NCERT). The Supreme Court registered a suo motu case, “In Re: Social Science Textbook For Grade – 8 (Part – 2) Published By NCERT and Ancillary Issues,” to be heard by a bench including the CJI, Justice Joymalya Bagchi, and Justice Vipul M Pancholi.

Senior advocates A M Singhvi and Kapil Sibal raised concerns before the bench, with Sibal stating that Class 8 students are being taught that the judiciary is corrupt. The CJI assured the Bar that he was fully aware of the matter and had already passed an order to take suo motu notice. Singhvi highlighted the “selective portrayal” of corruption, noting the absence of similar discussions about other sectors like public life, the economy, and bureaucracy. Justice Bagchi observed that the book lacked a connection between constitutional integrity and the basic structure doctrine.

The textbook, titled ‘Exploring Society: India and Beyond’ Part 2, includes the section on judicial corruption within a chapter on “The role of the judiciary in our society.” This section lists “corruption at various levels of the judiciary” and “massive backlog” as challenges, also referencing the Centralised Public Grievance Redress and Monitoring System (CPGRAMS), through which over 1,600 complaints were received between 2017 and 2021. It also mentions the impeachment process for removing a judge. The book notes the approximate number of pending cases in the Supreme Court (81,000), High Courts (62,40,000), and District and Subordinate Courts (4,70,00,000).

This incident raises concerns about the potential erosion of public trust in the judiciary and the importance of a balanced portrayal of institutions in educational materials. This news is relevant for UPSC aspirants, particularly for GS Paper II (Polity and Governance) and Essay, as it touches upon issues of judicial independence, accountability, and the role of institutions in a democracy.

Key Facts

Senior advocate Abhishek Singhvi spoke at The Hindu Justice Unplugged 2026.

Singhvi emphasized the crucial role of lawyers in safeguarding democracy.

He warned against the gradual erosion of democratic values.

Singhvi highlighted the global phenomenon of constitutional backsliding.

He urged law students to uphold constitutional values.

UPSC Exam Angles

GS Paper II (Polity and Governance): Judicial independence, accountability, and the role of institutions in a democracy.

Essay: Ethical governance, institutional integrity, and the importance of public trust.

GS Paper IV (Ethics): Integrity, impartiality, and objectivity in public service.

In Simple Words

The article talks about how important it is for lawyers to be alert. They need to watch out for small changes that can weaken our democracy. It's like they're the first line of defense against things that could slowly make our government less fair and free.

India Angle

In India, this means lawyers need to be extra careful about things like misuse of power or unfair treatment of people. They have to stand up for the rights of everyone, from the farmer in a village to the shopkeeper in a city.

For Instance

Think of it like a building's foundation. If small cracks appear, you need someone (like a lawyer) to notice and fix them before the whole building collapses. Ignoring those cracks is like ignoring the erosion of democracy.

If lawyers aren't watchful, our freedoms can slowly disappear without us even realizing it. That's why it's important for everyone to support lawyers who are fighting to protect our rights.

Lawyers' vigilance: Democracy's early warning system.

Senior advocate Abhishek Singhvi, speaking at The Hindu Justice Unplugged 2026, emphasized the crucial role of lawyers in safeguarding democracy. He warned against the gradual erosion of democratic values through normalized excess and institutional fatigue. Singhvi highlighted the global phenomenon of constitutional backsliding, marked by polarization and erosion of institutional norms.

He urged law students to uphold constitutional values and recalled jurists like Nani Palkhivala. He also noted that the law must function as a shield for the voiceless and expressed concern over a Class 8 textbook's "selective" emphasis on corruption in the judiciary.

Expert Analysis

The controversy surrounding the NCERT's Class 8 textbook section on “corruption in the judiciary” highlights several key concepts related to the functioning of Indian democracy.

The first is Suo Motu Cognizance. This legal principle empowers the Supreme Court or any High Court to take up a case on its own accord, without waiting for a formal petition from an aggrieved party. In this instance, the Supreme Court registered a suo motu case, “In Re: Social Science Textbook For Grade – 8 (Part – 2) Published By NCERT and Ancillary Issues,” demonstrating its proactive role in safeguarding the integrity of the judiciary. This power is crucial for the judiciary to address issues that may not otherwise come to light through conventional legal channels, especially when they concern the institution's reputation and public trust.

Another important concept is Judicial Independence. This principle ensures that the judiciary can function without undue influence from the executive or legislative branches. The concerns raised by the Chief Justice of India regarding the NCERT textbook reflect the judiciary's commitment to maintaining its independence and protecting its reputation from potentially biased or misleading portrayals. Judicial independence is vital for upholding the rule of law and ensuring fair and impartial justice.

The Basic Structure Doctrine is also relevant. This doctrine, developed by the Supreme Court in the Kesavananda Bharati case (1973), holds that certain fundamental features of the Constitution cannot be amended by Parliament. Justice Bagchi's observation that the textbook lacked a connection between constitutional integrity and the basic structure doctrine suggests that the portrayal of judicial corruption could be seen as undermining the very foundations of the Indian Constitution. The basic structure doctrine serves as a safeguard against legislative overreach and ensures the preservation of core constitutional values.

Finally, the mention of the Centralised Public Grievance Redress and Monitoring System (CPGRAMS) highlights the existing mechanisms for addressing complaints related to corruption in the judiciary. The fact that over 1,600 such complaints were received between 2017 and 2021 indicates both the presence of a grievance redressal system and the persistence of concerns about corruption within the judiciary. Transparency and accountability are essential for maintaining public trust in any institution, and CPGRAMS plays a role in facilitating this within the judicial system.

For UPSC aspirants, understanding these concepts is crucial for both Prelims and Mains. Questions may arise on the powers and functions of the Supreme Court, the importance of judicial independence, the scope of the basic structure doctrine, and the mechanisms for ensuring accountability in public institutions. Familiarity with these concepts will enable candidates to analyze issues related to governance, polity, and the judiciary effectively.

Visual Insights

Lawyers' Role in Safeguarding Democracy

Mind map illustrating the crucial role of lawyers in upholding democratic values and institutions, as emphasized by Abhishek Singhvi.

Lawyers' Role in Democracy

●Upholding Constitutional Values
●Vigilance Against Erosion of Democracy
●Shielding the Voiceless
●Addressing Institutional Concerns

More Information

Background

The inclusion of a section on “corruption in the judiciary” in an NCERT textbook is a sensitive issue, given the judiciary's role as a guardian of the Constitution and the rule of law. The Indian judiciary has a long history of upholding constitutional values and protecting citizens' rights. However, like any institution, it is not immune to challenges, including allegations of corruption and inefficiency. The Central Vigilance Commission (CVC), established in 1964, is the apex body for addressing corruption in government organizations. The judiciary's response to these challenges has been multifaceted. The Supreme Court has taken steps to promote transparency and accountability within the judicial system, including the implementation of measures to address corruption and improve efficiency. The 'In-House Procedure' is one such mechanism used to inquire into allegations against judges. The registration of a suo motu case by the Supreme Court in response to the NCERT textbook content demonstrates the judiciary's proactive approach to safeguarding its reputation and ensuring public trust. This is also linked to the concept of judicial review, where the judiciary can examine the constitutionality of laws and actions. The Constitution of India provides the framework for the functioning of the judiciary, including provisions for the appointment, removal, and independence of judges. Article 124 deals with the establishment and constitution of the Supreme Court. The impeachment process, as mentioned in the textbook, is outlined in Article 124(4), providing a mechanism for removing a judge in cases of proven misbehavior or incapacity. These constitutional safeguards are designed to ensure the integrity and impartiality of the judiciary.

Latest Developments

In recent years, there have been several developments related to judicial accountability and transparency. The Supreme Court has been actively promoting the use of technology to improve efficiency and reduce the backlog of cases. The e-Courts Project is a significant initiative in this regard, aiming to digitize court records and processes. The National Judicial Data Grid (NJDG) provides data on pending and disposed of cases across various courts in India. Several committees have been formed to examine issues related to judicial reforms. The Law Commission of India has submitted reports on various aspects of the judiciary, including judicial appointments, infrastructure, and accountability. The government has also been working on amending laws to address issues such as delays in court proceedings and to improve the overall functioning of the judicial system. The issue of judicial appointments remains a contentious one, with ongoing debates about the role of the executive and the judiciary in the appointment process. Looking ahead, there is a continued focus on strengthening the judiciary and ensuring its independence and impartiality. The government has allocated funds for improving judicial infrastructure and increasing the number of judges. There is also an emphasis on promoting alternative dispute resolution mechanisms, such as mediation and arbitration, to reduce the burden on the courts. The goal is to create a more efficient, transparent, and accountable judicial system that can effectively uphold the rule of law and protect citizens' rights.

Frequently Asked Questions

1. Why is Singhvi emphasizing lawyers' role NOW, in 2026, specifically?

Singhvi's emphasis on lawyers' role in 2026 likely stems from a perceived increase in instances of 'constitutional backsliding' globally. The Hindu Justice Unplugged 2026 event provided a timely platform to address these concerns and remind law students of their duty to uphold constitutional values.

2. How does the NCERT textbook issue connect to the broader theme of 'erosion of democracy'?

The inclusion of a section on 'corruption in the judiciary' in an NCERT textbook, especially without proper context, can erode public trust in a key institution. This can be seen as a subtle way of undermining faith in democratic institutions, fitting into the broader pattern of democratic erosion.

3. What specific facts related to the Central Vigilance Commission (CVC) could be asked in Prelims?

A likely Prelims question could focus on the year of establishment of the CVC (1964) or its role as the apex body for addressing corruption. A distractor might be offering an incorrect year or misrepresenting its mandate. examTip: Remember CVC was established based on the Santhanam Committee report.

Exam Tip

Remember CVC was established based on the Santhanam Committee report.

4. How does the e-Courts Project relate to judicial accountability and transparency?

The e-Courts Project enhances judicial accountability and transparency by digitizing court records and processes. This allows for easier monitoring of case progress, reduces opportunities for corruption, and makes information more accessible to the public. The National Judicial Data Grid (NJDG) is a key component, providing data on pending and disposed of cases.

5. If a Mains question asks to 'Critically examine the role of lawyers in safeguarding democracy,' what key arguments should I include?

A balanced answer should include: * Lawyers' duty to uphold constitutional values and the rule of law. * Their role in challenging unjust laws and government actions. * The importance of their vigilance against gradual erosion of democratic principles. * Potential limitations, such as conflicts of interest or biases. * The need for lawyers to act ethically and independently.

•Lawyers' duty to uphold constitutional values and the rule of law.
•Their role in challenging unjust laws and government actions.
•The importance of their vigilance against gradual erosion of democratic principles.
•Potential limitations, such as conflicts of interest or biases.
•The need for lawyers to act ethically and independently.

6. What is the significance of 'suo motu cognizance' in the context of the NCERT textbook issue?

The Supreme Court taking 'suo motu cognizance' indicates the seriousness with which it views the matter. It means the court took notice of the issue on its own, without waiting for a formal petition. This highlights the judiciary's role as a guardian of constitutional values and its willingness to intervene when those values are threatened.

7. How might this news about lawyers and democracy relate to GS Paper 2?

This news primarily relates to GS Paper 2, specifically topics like 'Structure, organization and functioning of the Executive and the Judiciary' and 'Issues relating to development and management of Social Sector/Services relating to Education.' The NCERT textbook issue directly impacts education, and the lawyers' role touches upon the judiciary's functioning and its relationship with democracy.

8. What should be India's response to perceived 'constitutional backsliding' in other countries?

India's response should be carefully calibrated, balancing its commitment to democratic values with the principles of non-interference in other countries' internal affairs. Options include: * Quiet diplomacy and dialogue with the countries in question. * Supporting civil society organizations working to promote democracy. * Using international forums to raise awareness about the issue. * Focusing on strengthening its own democratic institutions as an example.

•Quiet diplomacy and dialogue with the countries in question.
•Supporting civil society organizations working to promote democracy.
•Using international forums to raise awareness about the issue.
•Focusing on strengthening its own democratic institutions as an example.

9. How does the concept of 'judicial independence' relate to the concerns raised by Singhvi and Sibal?

Singhvi and Sibal's concerns about the NCERT textbook directly relate to judicial independence. Undermining public trust in the judiciary, even through educational materials, can weaken its ability to function independently and impartially. Judicial independence is a cornerstone of democracy, ensuring that the judiciary can act as a check on the other branches of government without fear of reprisal.

10. What long-term trends should UPSC aspirants watch for regarding judicial accountability and transparency in India?

Aspirants should monitor trends such as: * Further developments in the e-Courts Project and its impact on case pendency. * Reforms aimed at improving the efficiency of the judicial system. * Debates surrounding the appointment and transfer of judges. * Efforts to increase diversity and representation within the judiciary. * Public discourse on judicial decisions and their impact on society.

•Further developments in the e-Courts Project and its impact on case pendency.
•Reforms aimed at improving the efficiency of the judicial system.
•Debates surrounding the appointment and transfer of judges.
•Efforts to increase diversity and representation within the judiciary.
•Public discourse on judicial decisions and their impact on society.

Practice Questions (MCQs)

1. Consider the following statements regarding the 'Basic Structure Doctrine' of the Indian Constitution: 1. It was first propounded in the Kesavananda Bharati case (1973). 2. It allows the Parliament to amend any part of the Constitution as long as the 'basic features' are not altered. 3. The judiciary has the sole power to determine which features constitute the 'basic structure'. Which of the statements given above is/are correct?

A.1 and 2 only
B.1 and 3 only
C.2 and 3 only
D.1, 2 and 3

Show Answer

Answer: D

All the statements are correct. The Basic Structure Doctrine was indeed established in the Kesavananda Bharati case (1973). It allows Parliament to amend the Constitution without altering its basic features. The judiciary, particularly the Supreme Court, has the authority to define what constitutes the 'basic structure' through its judgments. This doctrine is a cornerstone of constitutional law in India, limiting the amending power of the Parliament.

2. Which of the following statements is NOT correct regarding the Centralised Public Grievance Redress and Monitoring System (CPGRAMS)?

A.It is an online platform for citizens to lodge grievances with government organizations.
B.It is administered by the Department of Administrative Reforms and Public Grievances (DARPG).
C.It only handles grievances related to the central government.
D.It aims to provide a timely and effective resolution of public grievances.

Show Answer

Answer: C

Option C is NOT correct. CPGRAMS handles grievances related to both the central and state governments. It is a comprehensive online platform administered by the Department of Administrative Reforms and Public Grievances (DARPG) to enable citizens to lodge grievances and track their resolution. The system aims to ensure timely and effective resolution of public grievances across various government organizations.

3. With reference to the Indian judiciary, what does 'Suo Motu Cognizance' imply?

A.The power of the judiciary to review legislative actions.
B.The authority of the President to seek advice from the Supreme Court.
C.The ability of a court to take up a case on its own without a formal complaint.
D.The process of transferring a case from a lower court to a higher court.

Show Answer

Answer: C

Suo Motu Cognizance refers to the ability of a court, typically the Supreme Court or a High Court, to take up a case on its own initiative, without waiting for a formal complaint or petition from an aggrieved party. This power is often exercised when the court believes that a matter is of significant public interest or involves a violation of fundamental rights.