Q. Consider the following statements:
1. The Constitution declares only the Supreme Court as a ‘Court of Record’ and no such status is accorded to High Courts.
2. Supreme Court Records are of evidentiary value and cannot be questioned when produced before any court.
Which of the statements given above is/ are correct?
Exp) Option b is the correct answer
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal.
Statement 1 is incorrect: The constitution declares both the High courts and Supreme Court as court of record. The constitution under Article 215 gives High Courts to act as courts of record. Article 129 declares the Supreme Court a court of record.
Statement 2 is correct: As a Court of Record, the judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony. Such records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognized as legal precedents and legal references.
| Important Tips As a Court of Record, the Supreme Court has two powers: • The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references. • It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with a fine or with both. |
