Constitutional Basis

The power to punish for contempt is a constitutional power of the higher judiciary in India.

• Article 129: The Supreme Court is a Court of Record and has the power to punish for contempt of itself.
• Article 215: Every High Court is a Court of Record and has the power to punish for contempt of itself.

The statutory framework governing contempt is provided under the .

Meaning

Contempt of court refers to any act or omission that:

• Disobeys or undermines the authority of a court.
• Obstructs the administration of justice.
• Lowers the dignity or authority of the judiciary.

The objective is to ensure the proper functioning of the judicial system and maintain public confidence in the judiciary.

Types of Contempt

Civil Contempt

• Defined as wilful disobedience of any judgment, decree, direction, order, writ, or undertaking given to a court.
• Focuses on non-compliance with court orders.

Criminal Contempt

• Publication (spoken or written), acts, or conduct that:
  • Scandalizes or tends to scandalize the authority of the court.
  • Prejudices or interferes with judicial proceedings.
  • Obstructs the administration of justice.

Punishment

Under the Contempt of Courts Act, 1971:

• Simple imprisonment up to six months, or
• Fine up to ₹2,000, or
• Both.

The court may remit punishment if the accused tenders an apology that is bona fide.

Defences and Safeguards

• Fair and accurate reporting of judicial proceedings is not contempt.
• Fair criticism of judicial acts after a case is decided is permissible.
• Truth can be a valid defence if it is in public interest and made in good faith (added through the 2006 amendment).

Key Judicial Interpretations

The Supreme Court has emphasized that:

• The contempt power should be exercised sparingly.
• Freedom of speech under Article 19(1)(a) must be balanced with the authority of courts.
• Contempt jurisdiction is not meant to shield judges from legitimate criticism.

Significance

• Protects the authority and dignity of the judiciary.
• Ensures compliance with court orders.
• Prevents interference with judicial proceedings.
• Maintains public confidence in the administration of justice.

Criticism

• The concept of “scandalizing the court” is considered vague by some critics.
• Concerns exist regarding its potential impact on free speech.
• Debate continues on reforming criminal contempt provisions.

Conclusion

Contempt of court is an essential judicial power aimed at preserving the rule of law and ensuring the effective administration of justice. However, its exercise must be balanced with constitutional guarantees of freedom of expression and democratic accountability.