Q. Consider the following statements, with regards to the legal provisions of contempt of courts in India:
1. The Supreme Court has the power to punish for contempt of subordinate courts.
2. A person obstructing the administration of justice is liable to civil contempt of court.
3. Any criticism on the merits of a judicial order is a contempt of court.
4. The phrase ‘’contempt of court’’ is not defined in the Constitution of India.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. The Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.
Statement 2 is incorrect. According to the Contempt of Court Act 1971, criminal contempt (and not civil contempt) means the publication of any matter or doing an act which-
- scandalizes or lowers the authority of a court;
- prejudices or interferes with the due course of a judicial proceeding;
- interferes or obstructs the administration of justice in any other manner.
Statement 3 is incorrect. Fair and accurate reporting of judicial proceedings will not amount to contempt of court. Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
Statement 4 is correct. The expression ‘contempt of court’ has not been defined by the Constitution. However, the expression finds mention in the Contempt of Courts Act of 1971. As per the Act, contempt refers to the offence of showing disrespect to the dignity or authority of a court.
