Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.
Contempt of Court
What to study?
For Prelims and Mains: What is Contempt of Court? Provisions in this regard, Criticisms and analysis.
Context: The Supreme Court has held that courts are empowered to order parties in a contempt case to surrender their passport in order to ensure their presence in the proceedings.
The court was hearing a contempt case in connection with a civil suit on partition of a disputed property in Delhi.
What is contempt under the Indian law?
In India, the Contempt of Courts Act, 1971, divides contempt into civil contempt and criminal contempt.
‘Civil contempt’ is a ‘wilful disobedience to any judgment, decree, direction, order, writ or other processes of a Court or wilful breach of an undertaking given to the court’.
‘Criminal contempt’ is ‘the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
- Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court.
- Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding.
- Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.’
Judiciary ensures justice and equality to every individual and institutions, therefore, the makers of the constitution upheld the sanctity and prestige of the revered institution by placing provisions under articles 129 and 215 of the constitution, which enables the courts to hold individuals in contempt if they attempt to demean or belittle their authority.
Is criticism allowed?
Yes. The Contempt of Courts Act, 1971, very clearly states that fair criticism of any case which has been heard and decided is not contempt.
Contempt of Courts (Amendment) Act, 2006:
The statute of 1971 has been amended by the Contempt of Courts (Amendment) Act, 2006 to include the defence of truth under Section 13 of the original legislation.
Section 13 that already served to restrict the powers of the court in that they were not to hold anyone in contempt unless it would substantially interfere with the due process of justice, the amendment further states that the court must permit ‘justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.’
Article 129: Grants Supreme Court the power to punish for contempt of itself.
Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.
Article 215: Grants every High Court the power to punish for contempt of itself.
- Powers of SC vs HCs wrt Contempt cases.
- Constitutional provisions in this regard.
- Changes brought about by Contempt of Courts (Amendment) Act, 2006.
- Civil vs Criminal contempt.
Discuss how contempt cases are handled by Supreme Court in India.
Sources: the Hindu.