Consider the following statements:

1. Under the report of the 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 power to make laws on the Contempt of Court.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 1, 2 and 4
3. 3 and 4 only
4. 3 only

Explanation

Statement 1 is correct

• Contempt laws in India have their roots in the pre-independence period, with the Contempt of Court Act, 1926 being the first significant legislation addressing the issue. This Act granted all High Courts the authority to take cognizance of contempt committed against themselves as well as subordinate courts and to punish the offenders accordingly. After independence, the 1926 Act was replaced by the Contempt of Courts Act, 1952, which extended these powers to the Courts of Judicial Commissioner, allowing them to inquire into or adjudicate cases of contempt concerning themselves or subordinate courts. In 1960, a bill was introduced to consolidate and amend the existing contempt laws in India. A special committee, chaired by Mr. H.N. Sanyal, was formed and submitted its report in 1963. Most of the committee’s recommendations were accepted, leading to the enactment of the Contempt of Courts Act, 1971, which subsequently repealed the 1952 Act.

Statement 2 is correct

• The power of court to punish for contempt of itself is part of sovereign power. Articles 129 and 215 of the Constitution recognize the existence of such power in the Supreme Court and the High Courts.
• Article 129: This article designates the Supreme Court as a “court of record” and grants it the power to punish for contempt of itself. A “court of record” is a court whose acts and judicial proceedings are recorded for perpetual memory and testimony. The decisions of such courts are considered as legal precedents, and the court has the authority to punish those who disobey its orders or show disrespect to its authority.
• Article 215: Similar to Article 129, this article declares that every High Court is a “court of record” and confers upon it the power to punish for contempt of itself. This ensures that High Courts, like the Supreme Court, maintain their authority and the dignity of their proceedings.
• The Contempt of Courts Act, 1971 regulates the powers of the courts to punish for their contempt.

Statement 3 is incorrect

• The Constitution does not define civil contempt and criminal contempt; these are defined under the Contempt of Courts Act, 1971.

Statement 4 is correct

• The authority to legislate on matters related to contempt of court is vested in the Parliament.

Answer: (b) 1, 2 and 4; Difficulty Level: Hard