Topic: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government
3. The relationship between laws for criminal contempt of the court and the freedom of speech guaranteed under the Indian Constitution is a complex and debated issue. Comment your opinion on the issue. (250 words)
Difficulty level: Tough
Reference: Indian Express
Why the question:
The article emphasizes the need for a more careful and nuanced approach when dealing with cases involving freedom of speech.
Key Demand of the question:
To write about the need for Court’s power of contempt to punish people who scandalise it and need to balance it with freedom of speech.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Introduction:
Begin by defining the Court’s power of contempt and types of contempt.
Body:
First, Discuss the origin of the concept, its constitutionality/ statutory basis, its different kinds.
Next, Explain the concept- Contempt of court, is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court. Contempt of court, as a concept, seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority. Cite recent famous examples.
Next, write about its impact on freedom of speech and fair criticism of the court.
Conclusion:
Conclude by giving a balanced opinion on the issue.
