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By:

Abhijit Mulye

21 August 2024 at 4:59:11 pm

MLC polls expose cracks in Mahayuti, MVA

AI Generated Image Mumbai: The upcoming Maharashtra Legislative Council (MLC) elections for the graduate and teacher constituencies have laid bare the deep-seated fissures within both the ruling Mahayuti and the opposition Maha Vikas Aghadi (MVA) alliances. In a significant development that could have far-reaching political implications, multiple rebel candidates, including prominent figures with strong party affiliations, have defied alliance dictates to file their nominations as...

MLC polls expose cracks in Mahayuti, MVA

AI Generated Image Mumbai: The upcoming Maharashtra Legislative Council (MLC) elections for the graduate and teacher constituencies have laid bare the deep-seated fissures within both the ruling Mahayuti and the opposition Maha Vikas Aghadi (MVA) alliances. In a significant development that could have far-reaching political implications, multiple rebel candidates, including prominent figures with strong party affiliations, have defied alliance dictates to file their nominations as independents, setting the stage for high-stakes, multi-cornered contests. Mahayuti Turmoil The Mahayuti alliance, comprising the Bharatiya Janata Party (BJP), the Eknath Shinde-led Shiv Sena, and the Ajit Pawar-led Nationalist Congress Party (NCP), is grappling with rebellion on multiple fronts. In the critical Nagpur Graduates constituency, a traditional BJP stronghold, former BJP MLC and Nagpur Mayor Anil Sole has thrown a spanner in the works by filing his nomination as an independent candidate. This move directly challenges the official BJP candidate, Sudhakar Kohale. While the BJP leadership, including state president Ravindra Chavan, has attempted to downplay the situation, asserting that Sole has been "pacified," the former MLC's actions tell a different story. Sole's decision to contest independently is particularly significant given his long-standing association with the Rashtriya Swayamsevak Sangh (RSS) and his previous stint as a BJP MLC from the very same constituency. The situation is equally complicated in the Amravati Teachers constituency. The Shiv Sena (Shinde faction) has officially fielded Kiran Sarnaik. However, adding to the confusion, Sangita Shinde, sister of BJP MP Anil Bonde, has also entered the fray, potentially splitting the Mahayuti vote. The opposition MVA is also facing its share of internal discord here. While the Congress has nominated Aditi Pohre, daughter of former minister Harshvardhan Deshmukh, the Shiv Sena (UBT) has fielded Dattatray Lahane. The presence of numerous candidates representing various teachers' organizations further complicates the electoral arithmetic in this constituency. Opposition Rebellion The Chhatrapati Sambhaji Nagar Graduates constituency has witnessed another surprise development. While the NCP's sitting MLC, Satish Chavan, was widely considered the frontrunner, the BJP's M.K. Deshmukh has unexpectedly filed his nomination as a rebel candidate, catching the Mahayuti leadership completely off guard. The MVA, too, is facing rebellion in this constituency. Although the seat was officially allocated to the NCP (Sharad Pawar faction), Shiv Sena (UBT)'s Dilip Ghuge has also filed his nomination, causing significant heartburn within the opposition alliance. The Pune constituencies present a microcosm of the larger alliance troubles. In the Pune Graduates constituency, the BJP has fielded Dr. Smita Jadhav, the daughter-in-law of Pratap Singh Jadhav, owner of the 'Pudhari' news group and niece of Congress leader Satej Patil. Adding intrigue to this contest is the fact that she is contesting against Harshada Deshmukh-Jadhav, the official candidate of the NCP (Sharad Pawar faction). However, the real drama is unfolding in the Pune Teachers constituency. The BJP's official candidate, Koustubh Gawde, is facing a formidable challenge from Mangesh Chiwate, a close confidant of Chief Minister Eknath Shinde. Chiwate, a former journalist who handled the CM's medical aid cell while Shinde was the CM, has claimed that his party leadership has provided him with the crucial 'AB' form, signaling official backing. Commenting on the chaotic situation, Chief Minister Devendra Fadnavis acknowledged that seat-sharing talks remained inconclusive in some areas but expressed hope that the alliance partners would eventually reach an agreement. The true picture of the electoral battlefield will only emerge after Friday, October 9th, the last date for the withdrawal of nominations. Until then, both alliances will be working overtime to contain the rebellions and present a united front, but the deep cracks exposed by these developments suggest that the upcoming MLC elections will be fiercely contested and highly unpredictable.

NCERT, Defamation and Academic Freedom

Apr 13
3 min read

When state textbooks face judicial scrutiny

The Supreme Court of India’s recent direction to the National Council of Educational Research and Training (NCERT) to revisit and remove allegedly defamatory content from its textbooks raises a fundamental and somewhat uncomfortable question: where does academic freedom end and reputational harm begin when the state itself is the author of the narrative?


State Responsibility

At the outset, it must be acknowledged that textbooks prescribed by NCERT are not mere academic commentaries; they carry the imprimatur of the state and shape the intellectual foundation of millions of students. This institutional authority imposes a heightened duty of care. Unlike private publications, errors or insinuations in such textbooks cannot be casually dismissed as opinion; they risk acquiring the character of accepted historical or social truth. Therefore, when individuals or communities allege defamation, the claim cannot be brushed aside under the broad shield of academic autonomy.


Judicial Restraint

However, the Court’s intervention also invites scrutiny. Defamation, as understood in Indian law, requires a false statement made with the intent or likelihood of harming reputation. In the context of historical or sociological content, the threshold becomes far more nuanced. Academic writing often involves interpretation, critique, and even uncomfortable truths. If courts begin to adjudicate the correctness of such interpretations too readily, there is a real danger of creating a chilling effect on scholarship. Authors and institutions may resort to sanitised, non-controversial narratives, ultimately diluting the rigour of education.


The more prudent approach, in my view, lies in distinguishing between demonstrably false assertions and bona fide academic opinion. Where NCERT materials contain verifiable inaccuracies that directly harm identifiable individuals or groups, corrective action is not only justified but necessary. The state cannot be permitted to propagate falsehood under the guise of pedagogy. Yet where the content reflects a reasonable academic perspective, even if contested, judicial restraint becomes equally important.


Institutional Safeguards

Another dimension that cannot be ignored is procedural fairness. The process by which such content is reviewed and altered must be transparent, reasoned, and insulated from political or ideological pressures. If revisions are undertaken merely in response to litigation or public outcry, without a structured academic review, it risks undermining institutional credibility.


The Court, while exercising its jurisdiction, must therefore ensure that it does not inadvertently substitute expert academic evaluation with judicial determination.


This case also highlights the evolving intersection between constitutional values and educational content. Article 19(1)(a) guarantees freedom of speech and expression, which extends to academic discourse. At the same time, this freedom is not absolute and is subject to reasonable restrictions, including defamation. The challenge lies in maintaining a delicate equilibrium, protecting reputations without stifling intellectual inquiry.


It is equally relevant to consider the broader implications of such judicial directions. If every contested paragraph in a textbook becomes a potential subject of litigation, the education system may find itself in a perpetual state of revision. This is neither practical nor desirable. Instead, a robust internal mechanism within NCERT, comprising historians, legal experts, and educators, would be better suited to address such concerns proactively. Judicial intervention should remain a remedy of last resort, not the first port of call.


From a legal standpoint, the Supreme Court’s direction appears to be driven by the principle that state-backed publications must adhere to higher standards of accuracy and fairness. This is a sound proposition. Yet, its application must be carefully calibrated to avoid overreach. Courts are not academic bodies, and their legitimacy in such matters stems from ensuring legality, not determining historical truth.


The issue is not merely about the removal of a particular passage but about setting a precedent for how educational content is governed in a constitutional democracy. The state must ensure that its textbooks are accurate, balanced, and non-defamatory. Simultaneously, the judiciary must exercise restraint, intervening only where there is a clear violation of legal standards. Anything beyond that risks tipping the balance either towards an unchecked state narrative or excessive judicial control, both of which are equally undesirable in a system that values both truth and freedom.


(The writer is the managing partner at KS Legal & Associates. Views personal.)

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