Why in the news?
- The Supreme Court witnesses multiple controversies related to contempt of court and its ultimate head of judiciary that chief justice of India.
Contempt of Court
- Definition: Contempt of court is a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
- Statutory Basis: The Contempt of Courts Act, of 1971, gives statutory backing to the idea.
- Constitutional Provision: Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts.
- Type of Contempt
- Civil Contempt – Civil contempt is committed when someone wilfully disobeys a court order or wilfully breaches an undertaking given to the court.
- Criminal Contempt – Criminal contempt consists of three forms: (a) words, signs, and actions that “scandalize” or “lower” the authority of any court (b) prejudices or interferes with any judicial proceeding, and (c) interferes with or obstructs the administration of justice.
- Punishment: The punishment for contempt of court is simple imprisonment for a term of up to six months and/or a fine of up to ₹2,000.
- What is not contempt of court?
- 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.