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Contempt of Court

Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.

Contempt of Court:

Context:

Attorney General declines consent to initiate contempt case against Andhra CM Jagan Reddy.

What’s the issue?

Last month, CM Jagan Reddy had written to the CJI S.A. Bobde, alleging the Andhra Pradesh HC was being used to ‘destabilise and topple my democratically elected government’.

  • Following this, a lawyer had written a letter to AG seeking his consent to initiate contempt proceedings against Reddy and his advisor.

What is Contempt?

While the basic idea of a contempt law is to punish those who do not respect the orders of the courts, in the Indian context, contempt is also used to punish speech that lowers the dignity of the court and interferes with the administration of justice.

Contempt of court can be of two kinds:

Civil, that is the willful disobedience of a court order or judgment or willful breach of an undertaking given to a court.

Criminal, that is written or spoken words or any act that scandalises the court or lowers its authority or prejudices or interferes with the due course of a judicial proceeding or interferes/obstructs the administration of justice.

Relevant provisions:

  • Articles 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt.
  • Section 10 of The Contempt of Courts Act of 1971 defines the power of the High Court to punish contempts of its subordinate courts.
  • The Constitution also includes contempt of court as a reasonable restriction to the freedom of speech and expression under Article 19, along with elements like public order and defamation.

Please Note:

There is no requirement for the Supreme Court to take Attorney General’s consent in initiating a criminal contempt proceeding on its own as it exercises “inherent power” under the Constitution in issuing the show cause notice.

InstaLinks:

Prelims Link:

  1. Powers of SC vs HCs wrt Contempt cases.
  2. Constitutional provisions in this regard.
  3. Changes brought about by Contempt of Courts (Amendment) Act, 2006.
  4. Civil vs Criminal contempt.
  5. Rights under Article 19.
  6. Section 10 of The Contempt of Courts Act of 1971 is related to?

Mains Link:

Discuss how contempt cases are handled by Supreme Court in India.

Sources: the Hindu.