Question
Q11) Consider the following statements:
- Pursuant to the report of H.N Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
- The Constitution of India empower the Supreme Court and the High Courts to punish for contempt of themselves.
- The Constitution of India defines Civil Contempt and Criminal Contempt.
- In India, the Parliament is vested with the powers to make laws on Contempt of Court.
Which of the statements given above ia/are correct?
- 1 and 2 only
- 1,2 and 4
- 3 and 4 only
- 3 only
Answer: 1
Detailed Explanation
Statement 1 is correct: A committee was set up in 1961 under the chairmanship of the late H N Sanyal, the then additional solicitor general. The committee made a comprehensive examination of the law and problems relating to contempt of court in the light of the position obtaining in our own country and various foreign countries. The recommendations, which the committee made, took note of the importance given to freedom of speech in the Constitution and of the need for safeguarding the status and dignity of courts and interests of administration of justice.
· Statement 2 is correct: Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own, independent of the motion brought before it by the Attorney General (AG) or with the consent of the AG.
· Statement 3 is not correct and Statement 4 is correct: Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority. The expression ‘contempt of court’ has not been defined by the Constitution. The Contempt of Court Act, 1971 defines both civil and criminal contempt. Hence the Parliament is vested with the powers to make laws regarding contempt of court.
