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.
The Constitution of India defines Civil Contempt and Criminal Contempt.
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?
Exp) Option b is the correct answer.
Statement 1 is correct: A committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtained in our own country and various foreign countries. Pursuant to the recommendations made by the H N Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
Statement 2 is correct: The Supreme Court and the High Courts of India have been empowered with the power to penalize for Contempt of Court under Articles 129 and 215 of the Constitution of India.
Statement 3 is incorrect: The Constitution of India does not define Civil Contempt and/or Criminal Contempt.
Statement 4 is correct: Article 142 (2) of the Indian Constitution clearly states that “subject to the provisions of any law made on this behalf by Parliament” the Supreme Court shall have all and every power to make any order on the punishment of any contempt of itself. Thus, the parliament is vested with powers to make laws on Contempt of Court.
Sources:
https://www.legalserviceindia.com/article/l255-Contempt-of-Court.html
https://lawcommissionofindia.nic.in/reports/Report274.pdf (Page 5 and 6)
