Constitutional Provision
- Article 129 declares that the Supreme Court of India shall be a Court of Record.
- It grants the Supreme Court all the powers of a Court of Record, including the power to punish for contempt of itself.
Meaning of Court of Record
A Court of Record has two essential characteristics:
Permanent Record
- The judgments, proceedings and acts of the Court are permanently recorded.
- These records serve as authoritative evidence and cannot be questioned in subordinate courts.
Power to Punish for Contempt
- The Court possesses inherent authority to punish for:
- Civil contempt
- Criminal contempt
- This power safeguards the authority and functioning of the judiciary.
Types of Contempt
Civil Contempt
- Wilful disobedience of court orders, judgments or directions.
Criminal Contempt
- Acts that:
- Lower the authority of the court
- Prejudice judicial proceedings
- Interfere with administration of justice
The Contempt of Courts Act, 1971 regulates procedures, but the constitutional power under Article 129 remains inherent and superior.
Scope and Significance
- Ensures the independence of the judiciary.
- Protects the dignity and authority of the Supreme Court.
- Acts as a safeguard against obstruction of justice.
- Strengthens the rule of law.
Relationship with Article 215
- Article 215 confers similar powers on High Courts, declaring them Courts of Record.
- Article 129 applies specifically to the Supreme Court.
Judicial Interpretation
- The power under Article 129 is constitutional and inherent in nature.
- Parliament may regulate procedure but cannot abolish this power.
- Courts have emphasised that contempt jurisdiction must be exercised with restraint and should not suppress fair and reasonable criticism.
