Context:
The Jharkhand government has filed a Contempt petition against the Centre alleging delay in appointment of the Chief Justice of the High Court.
Contempt of Court (CoC):
- Not defined by the Indian Constitution
- Seeks to protect judicial institutions from motivated attacks and unwarranted criticism
- As a legal mechanism to punish those who lower its authority.
- Provisions related to CoC:
- One of the “reasonable restrictions” listed under Article 19(2) [Fundamental right to freedom of speech and expression]
- Article 129 – Conferred on Supreme Court the power to punish contempt of itself
- Article 215 – Conferred on High Courts the power to punish contempt of itself.
- Statutory backing – Contempt of Courts Act, 1971
- Civil contempt – Wilful breach of an undertaking given to a court
- Criminal contempt – Publication by words, signs, or otherwise of any matter which lowers any court authority
- It was amended in 2006 to include the defence of truth under Section 13 of the original legislation, implying that the court must permit justification by truth as a valid defence if it is satisfied that it is in the public interest.
- Punishment – Simple imprisonment for a term up to 6 months and/or a fine of up to ₹2,000.
Source: The Indian Express
Previous Year Question
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 powers to make laws on Contempt of Court.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2022 Prelims]
(a) 1 and 2 only
(b) 1, 2 and 4
(c) 3 and 4 only
(d) 3 only
Answer: (b)
