Question 73 from UPSC CSE 2022 - Polity & Governanc e

Question

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?

Accepted Answer

Correct Option: B. 1, 2, and 4

Strategy: Identify the source and validity of each statement:

*   **Statement 1:** Relies on historical legal reforms; the Sanyal Committee is linked to the 1971 Act.
*   **Statement 2:** Uses constitutional empowerment of the higher judiciary, not statutory provisions.
*   **Statement 3:** Is flawed; the Constitution mentions contempt but does not define its types; legal definitions stem from the 1971 Act.
*   **Statement 4:** Aligns with Parliament's legislative power on contempt as per constitutional provisions.

Eliminate options based on the incorrect definition in Statement 3, leaving only those that include Statements 1, 2, and 4.

Key Info: ## Contempt of Courts Act, 1971

Enacted after the H.N. Sanyal Committee's recommendations (1963), this Act provides for the powers, procedures, and purpose regarding contempt of court in India. It explicitly defines two types:

*   **Civil Contempt** -- Wilful disobedience of any judgment, decree, direction, order, writ, or other process of a court.
*   **Criminal Contempt** -- Acts that scandalize or lower the authority of the court, prejudice judicial proceedings, or obstruct justice.

## H.N. Sanyal Committee

Set up in 1961, this committee reviewed contempt laws and stressed balancing free speech with protecting the dignity of courts. Its recommendations formed the basis of the 1971 statute.

## Constitutional Provisions

*   Article 129 declares the Supreme Court as a 'court of record', granting it powers to punish for its own contempt.
*   Article 215 gives the same status and powers to High Courts.
*   The Constitution, however, does not define civil or criminal contempt.

## Legislative Powers

Entry 77 of the Union List (Seventh Schedule) and Articles 129/215 enable Parliament to frame laws concerning contempt of court. The Contempt of Courts Act, 1971, was legislated under this authority.

## Parliament and Judiciary

While higher courts have the inherent power to punish for contempt, Parliament holds legislative authority to modify, define, or limit these powers via statutes, as seen in the 1971 Act.

Answer

Option A: 1 and 2 only

Answer

Option C: 3 and 4 only

Answer

Option D: 3 only