Q. 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?
a) 1 and 2 only
b) 1, 2 and 4
c) 3 and 4 only
d) 3 only
Correct Answer: b) 1, 2 and 4
Question from UPSC Prelims 2022 GS Paper
Explanation :
Contempt of Courts Act, 1971
The Contempt of Courts Act, 1971 was a result of the recommendations made by the H.N. Sanyal Committee. The committee was tasked with examining the existing laws on contempt of court, and their report played a crucial role in shaping the legislation that governs contempt proceedings in India today.
Constitutional Provisions for Contempt of Court
The Constitution of India grants the Supreme Court and the High Courts the authority to punish individuals for contempt of themselves. This power is enshrined in Articles 129 and 215, respectively, ensuring that the dignity and authority of the judiciary are upheld.
Definitions of Civil and Criminal Contempt
Contrary to what some might believe, the Constitution of India does not define civil or criminal contempt. These definitions are provided by the Contempt of Courts Act, 1971, which distinguishes between willful disobedience of court orders (civil contempt) and acts that may scandalize or lower the authority of the court (criminal contempt).
Legislative Powers Regarding Contempt of Court
In India, the responsibility to legislate on matters of contempt of court is vested in the Parliament. This is outlined in the Seventh Schedule of the Constitution, which specifically allocates this power to the Union List, thereby giving Parliament the exclusive right to make laws in this domain.
