Contempt Jurisdiction of the Supreme Court

Contempt Jurisdiction of the Supreme Court

Subject: Polity

Context: Amidst controversies surrounding use of Contempt of court in recent times Mr Harish Salve spoke in 16th PD Desai Memorial Lecture on ‘Criticism of Judiciary, Contempt Jurisdiction and its use in the Age of Social Media’.

Concept:

• Supreme Court enjoys two major power as a Court of Record:

1. The judgements, proceedings and acts of court is kept for perpetual memory and testimony. These have evidentiary value and recognised as the legal precedents and can’t be questioned when brough in front of the court.
2. Power to punish for contempt of court. It is both civil and criminal punishment i.e., jail term up to 6 months or Rs 2000 as fine or both. The SC has power to punish not only for itself, but HCs, subordinate courts and tribunals within country.

• Civil contempt: When there is wilful disobedience of to any of the judgement, order, writ or other processes of a court or breach of undertaking to the court.
• Criminal contempt: Publication of any matter or doing an act which: 1) scandalises or lowers court’s authority; 2) Prejudices or interferes with the due proceedings of the court; 3) Interferes or obstructs the administration of justice in any manner.
• Innocent publication and distribution of matter, fair and true reporting of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of judiciary does not warrant contempt of court.
• The power is given to ensure independence of judiciary in India.