Previous Year Question
Consider the following statements:
Pursuant to the report of H. N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
The Constitution of India defines civil contempt and criminal contempt.
In India, Parliament is vested with the powers to make laws on contempt of court.
Which of the statement(s) given above is/are correct?
1 and 2
1, 2 and 4
3 and 4
Only 3
Correct Answer: B
Detailed Solution
Statement 1 is correct
In 1961, the Government of India constituted a committee under the chairmanship of the then Additional Solicitor-General, H. N. Sanyal, to examine the law and problems relating to contempt of court.
The Committee:
Reviewed the law of contempt operating in India;
Examined contempt laws prevailing in various foreign countries;
Considered the balance between the dignity of courts and freedom of expression; and
Recommended greater clarity and uniformity in contempt law.
Following its recommendations, the Contempt of Courts Act, 1971 was enacted. It replaced the earlier Contempt of Courts Act, 1952.
Statement 2 is correct
The Constitution itself empowers the Supreme Court and High Courts to punish for their own contempt.
Article 129: The Supreme Court is a court of record and possesses all the powers of such a court, including the power to punish for contempt of itself.
Article 215: Every High Court is a court of record and possesses all the powers of such a court, including the power to punish for contempt of itself.
Thus, the contempt powers of the Supreme Court and High Courts do not originate solely from the Contempt of Courts Act, 1971; they also possess an independent constitutional foundation.
Statement 3 is incorrect
The Constitution does not define civil and criminal contempt. Their definitions are contained in Section 2 of the Contempt of Courts Act, 1971.
Civil contempt—Section 2(b):
Wilful disobedience of a judgment, decree, direction, order, writ or other process of a court; or
Wilful breach of an undertaking given to a court.
Criminal contempt—Section 2(c):
A publication or act that:
Scandalises or tends to lower the authority of a court;
Interferes with the due course of a judicial proceeding; or
Obstructs the administration of justice in any other manner.
Statement 4 is correct
Parliament possesses legislative power concerning contempt of court.
Entry 77 of the Union List deals with the jurisdiction and powers of the Supreme Court, including contempt of that Court.
Entry 14 of the Concurrent List deals with contempt of courts other than the Supreme Court.
Parliament enacted the Contempt of Courts Act, 1971 on the basis of these constitutional powers.
The Act does not extinguish the constitutional contempt powers of the superior courts; it regulates the procedure and limits governing their exercise.