Indian Polity : High Court & Subordinate Courts

Q 1 / 11

UPSC CSE Prelims 2022

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.
  3. The Constitution of India defines Civil Contempt and Criminal Contempt.
  4. 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 ?

EXPLANATION

Correct Option

Statement 1 is correct. The H.N. Sanyal Committee was constituted in 1961 to review the law relating to contempt of court in India. Based on its recommendations, the Contempt of Courts Act, 1971, was enacted to consolidate and amend the law relating to contempt of court.

Statement 2 is correct. The Constitution of India empowers both the Supreme Court and the High Courts to punish for contempt of themselves. Article 129 declares the Supreme Court as a court of record and vests it with the power to punish for its contempt. Similarly, Article 215 confers the same power upon the High Courts.

Statement 4 is correct. Parliament possesses the power to make laws concerning contempt of court. This is exemplified by the Contempt of Courts Act, 1971, which was passed by Parliament to define and regulate the powers of courts to punish for contempt.

Incorrect Options

Statement 3 is incorrect. The Constitution of India does not define Civil Contempt or Criminal Contempt. These definitions are provided in the Contempt of Courts Act, 1971. According to the Act:

  • Civil Contempt refers to willful disobedience to any judgment, decree, direction, order, writ, or other process of a court or willful breach of an undertaking given to a court.
  • Criminal Contempt refers to the publication of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

Option (a) is incorrect because statement 4 is also correct, in addition to statements 1 and 2.

Options (c) and (d) are incorrect because statement 3 is incorrect.

SOURCEIndian Polity by M. Laxmikanth, Chapter 29: Supreme Court, Chapter 30: High Courts