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Contempt of Court: Satya Prakash Adjunct Faculty Symbiosis Law School, NOIDA
Contempt of Court: Satya Prakash Adjunct Faculty Symbiosis Law School, NOIDA
SATYA PRAKASH
ADJUNCT FACULTY
Symbiosis Law School, NOIDA
Role of Judiciary and Courts
Courts play a very important role in adjudication of disputes in any
constitutional set-up.
Be it a dispute between two or more individual or citizens’ dispute with
the State, without there being courts, dispute resolution would not be
possible.
Generally, people have faith in judges, courts and the judicial system
which provides stability to the entire political system as people have
confidence that they can approach courts, if wronged.
If people lose faith in the judiciary, there is a possibility that they might
take the law into their own hands.
This can lead to vigilantism and push a country towards anarchy and
chaos.
It’s for these reasons that any act that tends to diminish people’s faith in
the judiciary is categorized as contempt of court and made punishable.
CONSTITUTIONAL PROVISIONS
Article 129 of the Constitution says, “The Supreme Court shall be a
court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.”
Article 142(2) of the Constitution reads, “Subject to the provisions of
any law made in this behalf by Parliament, the Supreme Court shall,
as respects the whole of the territory of India, have all and every
power to make any order for the purpose of securing the attendance
of any person, the discovery or production of any documents, or the
investigation or punishment of any contempt of itself.”
Article 215 of the Constitution says, “Every High Court shall be a
court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.”
DEFINITION OF CIVIL CONTEMPT OF COURT