Recent Judicial Stand
Judicial Integrity and the Scope of Contempt Powers: The Supreme Court recently highlighted that the power to punish for criminal contempt should never act as a personal shield for judges. The Court underlined that criticism of judicial functioning, when fair and reasonable, is not contempt. It also stated that any authority that carries the power to punish must inherently possess the power to forgive.
Static GK fact: The Supreme Court of India was established in 1950, replacing the Federal Court of India.
Meaning of Contempt of Court
Contempt of court refers to acts that defy court authority, interfere with judicial proceedings, or obstruct the administration of justice. The aim is to preserve public confidence in the justice system.
Static GK fact: The concept of contempt traces back to English common law, where safeguarding judicial dignity was considered essential for rule of law.
Legislative Framework
The Contempt of Courts Act 1971 lays the statutory foundation for contempt law in India. It clearly categorises contempt into two types: civil contempt and criminal contempt. The Act also provides defences like truth and fair criticism, ensuring a balance between judicial respect and free expression.
Static GK Tip: The 1971 Act replaced the Contempt of Courts Act of 1952.
Civil Contempt
Civil contempt arises from wilful disobedience of any judgment, decree, direction, order, or other processes of a court. It also includes violation of an undertaking given to the court. The objective is primarily enforcement-based—to ensure compliance. Courts often use this power to maintain the effectiveness of their directives.
Criminal Contempt
Criminal contempt covers acts that scandalise the court, lower its authority, or interfere with judicial proceedings. This includes written or spoken words, gestures, publications, or actions. The law intends to protect the integrity of the justice system rather than the reputation of individual judges. The SC’s recent observation reinforces that contempt powers must be exercised with restraint.
Constitutional Basis
Under Article 129, the Supreme Court is declared a court of record, giving it inherent power to punish for contempt of itself. Article 215 grants similar powers to High Courts. These provisions ensure that superior courts retain authority to safeguard judicial functioning.
Static GK fact: A “court of record” has two attributes—power to punish for contempt and permanently recorded judgments.
Need for a Balanced Approach
While contempt powers uphold judicial authority, their use requires proportionality and sensitivity to democratic values. Excessive invocation may conflict with freedom of speech, whereas insufficient enforcement may weaken court authority. The judiciary’s emphasis on forgiveness reflects a maturing approach aligned with constitutional ethics.
Static Usthadian Current Affairs Table
Judicial Integrity and the Scope of Contempt Powers:
| Topic | Detail |
| Recent SC observation | Contempt power is not a personal armour for judges |
| Nature of contempt | Protects judicial process and authority |
| Types of contempt | Civil contempt and criminal contempt |
| Civil contempt meaning | Wilful disobedience of court orders or undertakings |
| Criminal contempt meaning | Acts lowering court authority or interfering in justice |
| Governing law | Contempt of Courts Act 1971 |
| Key constitutional articles | Article 129 and Article 215 |
| Court of record meaning | Courts with power to punish for contempt and whose records hold evidentiary value |
| Aim of contempt law | Preserve independence and credibility of judiciary |
| SC’s stance | Power to punish includes power to forgive |
