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Contempt of court Explained in Simple words UPSC pre 2022




The question on contempt of court was an easy question because it is part of most of the standard books and it remains in news on regular basis.

 

Consider the following statements :

1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.

 

2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.

 

3. The Constitution of India defines Civil Contempt and Criminal Contempt.

 

4.  In India, the Parliament is vested with the power to make laws on Contempt of Court.


Which of the statements given above is/are correct?

 

(a)        1 and 2 only

(b)        1, 2 and 4

(c)        3 and 4 only

(d)        3 only

 

Solution - B

 

Why Question asked - Recently, the Supreme Court held that its power to punish contempt

under Article 129 is a constitutional power, which cannot be done away with even by any law.

 

Analysis of each statement

 

1.  Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.

 

What is Pursuant?

 

Pursuant means in accordance with (a law or a legal document or resolution).

 

Story of HN sanyal Committee

 

A committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then

additional solicitor general.

 

Why Contempt of Court is Controversial?

 

Article 19 Gives us Freedom of speech and expression and there is a need for

safeguarding the status and dignity of courts and the interests of the administration of justice.

 

 

Statement 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.

 

Article 129 of the Constitution gives the Supreme Court the power to initiate contempt

cases on its own, independent of the motion brought before it by the Attorney General (AG)

or with the consent of the AG.

 

Article 215- Contempt of court related power to High court.

 

Section 10 of The Contempt of Courts Act of 1971

defines the power of the High Court to punish contempt of its subordinate courts.

 

Note - Subordinate Courts have no jurisdiction to exercise the power under the Contempt of Courts Act, 1971, except to refer the matter to the High Court.


The Constitution also includes contempt of court as a reasonable restriction

to the freedom of speech and expression U/A 19, along with elements like public order and defamation.

 

3. The Constitution of India defines Civil Contempt and Criminal Contempt.

 

The Contempt of Courts Act, 1971 defines both civil and criminal contempt.

 

 

Civil contempt

Criminal contempt

 refers to wilful disobedience to any judgment of the court.

 

Ex,- Manoj Tiwari, 2018 case - Later he apologized for it

can be invoked if an act:

 

 

1. Tends to scandalise or lower the authority of the court.

 

2.Tends to interfere with the due course of any judicial proceeding.

 

3.Obstruct the administration of justice.[Even Phone ringing in court room]

 

Ex. Prashant Bhusan  2020 case

 

 

The issue with the The Contempt of Courts Act, 1971

 

Section 5

 

Of the act provides that fair criticism or fair comment

 

On the merits of Finally decide case would not amount to contempt

 

However , Determination of what is fair is left to interpretation of Judges.

 

 

This open-ended interpretation sometime compomise FOSE U/A 19.

 

4.  In India, the Parliament is vested with the powers to make laws on Contempt of Court.

 

It is obvious because that is why THE CONTEMPT OF COURTS ACT, 1971

 

Let'e Revise the concept using Question 

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