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Project

On
Origin, Development & Constitutional
Validity of Contempt of Court
Submitted to- Prof. Sadat Ali Khan
Submitted by- Afsha
Reg No- GU14R0131
BBA.LLB

Glocal School of Law


The Glocal University

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Introduction
The Contempt of Court is a serious matter requiring suitable punishment to uphold the dignity of the court
and administration of justice. The power of court to punish for its contempt was exercised by the court
much before the enactment of statutory provisions relating to the contempt of Court. The existing law
relating to the contempt of court is essentially of English origin and, therefore the study of the scheme of
the contempt law in indigenous systems in India is not of much use for our parents purpose . The indigenous
legal systems of India was based as they were on the concept of a law above the sovereign and his Courts
and functioning as they did, in times when means of communication were slow and publication of anything
but a small scale well nigh impossible neither possessed nor needed anything like elaborate system of
contempt law such as we have now.
Meaning and Definition of contempt of Court :
There are many kinds of contempt of Courts, such as insult to judges, attacking them, comments on pending
proceedings with a tendency to prejudice trial, obstruction to officers of Courts, witness or parties abusing
the process of Court, breach of Duty by officers of the Courts and scandalizing Judges of Court.
According to Corpus Jurist Secondum, The Contempt of Court is disobedience to the Court by acting in
opposition to the authority, justice and dignity thereof. It also signifies a willful disregard or disobedience
of the Courts order.
According to Halsbury, " Any act done or writing published which is calculated to bring a Court or Judge
into disrepute or lower his authority or to interfere with the due course of justice or the Lawful process of
the Court is contempt of Court."
In the opinion of Oswald –
contempt of Court may be constituted by any conduct that trends to bring the authority and admission of
law in to disrespect or disregard to interfere with or prejudice parties, litigation, their witness during the
litigation.
Cases related to contempt of Court
KK Mishra case
In this case, the lawyer abused and made allegations of bribery and corruption against Reference Officer
( civil judge) and threatened him of the consequences when he would come out the court hours.

GN Saibaba V. State of Maharashtra

In this case , the famous author Arundhati Roy in her book titles “ The Outlook” criticized of the non-
granting of bail to the Professor. Justice Arun. B Choudhari, dismissed the bail application and also directed
registration of Criminal Contempt against the author.

Origin and Development of Contempt of court

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Contempt law in ancient India -
In the ancient times, primarily it was conceived to be the duty of the King to administer Justice by hearing
litigation and in doing so he was directed to take the assistance of Councilors who were to act assessors or
adviser of the King. When the king himself could not preside over the deliberations of the Court by reason
of other avocations, it was directed that he should appoint a Judge to act as his delegate along with
Councilors.
King was fountain of justice, judicial system and code of conduct in all walks of life. Similarly, whosoever
disobeyed decisions or orders or of Court or dictates or Ordinance issued by King was held to have
committed contempt or Apman, or Utkraman, Ullanghan and was punished. Along with the filing of the
plaint the temporary injunction could be obtained and that was called as Asedhuh an injection was to be
obeyed by the defendant till he appeared and got it vacated. In Katyayan Smriti (104 to 105) there is a
mention that in such circumstances, in case an injection was served on the dependent and it was disobeyed
it was punishable. disobedience of the order of Court was contempt and was punishable.
Introduction of Contempt law by Britisher in India –
The present law relating to contempt of Court is however, based on the English law concept. the British
courts from the earliest legal history assumed the power of contempt of court against those who obstructed
the administration of justice.
In England, the Courts of Record have inherent powers to punish the contempt itself and also the Court
subordinate to it since the advent of judicial system. The Superior Court being court of Record has inherent
power to punish contempt of itself and courts subordinate to it. Thus the contempt power of the Superior
Court does not base on any statutory enactment but on the common law principle that the concept is inherent
in every court of record.
The contempt of law introduced in British India by setting up of the Court of Record through a charter of
1687 issued by the East India company for the establishment of Mayor's Court at Madras. Thereafter
charter of 1726 occupied and important places in the development of the administration of justice in India.
Before 1726, there was no uniform judicial system in all three Presidency towns, for example Bombay,
Madras and Calcutta. The Mayor court was reconstituted in 1753 and thereafter also, it remained the court
of Record having power to punish for contempt of Court. Even prior to it, when after 1704, the court of
Admiralty ceased to sit regularly appeals from the Mayor's Court lay to the governor in Council. The
admiralty court and the governor in Council may also be taken as Court of record as they heard appeals
from the Mayors Court of record.
In 1774, the Calcutta Mayor's Court was replaced by Supreme Court established under the charge for
granted in 1774 in 1st year and software regulating act 1773 in the Madras and Bombay High Court
continued till 1797 when they were superseded by the recorders court. watch a court of record and it has
power to punish for content there after the British Parliament passes and act in 1893 The recorders court
was a court of record and as such it had power to punish contempt.
The Indian High Courts Act, 1861 replaced the Supreme Courts of Calcutta and Madras by unification of
Company's Court and Crowns Courts. The High Court was a Court of record, had a power to punish for its
Contempt.
The first Contempt of Court Act was enacted in the year 1926 which was repealed and replaced by the
Contempt of Courts Act, 1952. The Act of 1952 made some notable changes, the Act empowered the court

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of Judicial commissioner to punish the Contempt of court subordinate to it. It was given to Jurisdiction to
inquire into or try a Contempt of itself or any Court subordinate to it.
However, the Contempt of Court Act, 1952 was not satisfactory as there were certain defects, for example.,
The definition of Contempt of Court and defenses available to contemner etc.
There was no provision as to defenses of innocent Publication, fair and accurate report of judicial
proceedings, fair criticism of judicial decisions etc. Besides these defects, even the Act did not contain any
provision as to Contempt liability of the Judges and other persons acting Judicially. The Act did not contain
any provision to the procedure to be followed in the Contempt proceeding and as to appeal in contempt
cases. The above defects in the Act compelled the Government to examine the existing Contempt law and
to remove out the defects therein.

Accordingly on 1st April, 1960 a bill was introduced in Lok Sabha by Shri Bibhuti Bhushan
Dasgupta who amend the law relating to Contempt of Courts. After considering the Bill, the Government
realized need to Reform the law relating to Contempt of Court, and Committee was set up by the
Government under the Chairmanship of Shri H.N.Sanyal, Additional Solicitor General of India in July
1961. The entire law on the Contempt of Court was scrutinized by the Committee and then the Committee
submitted its report on 28 February 1963 to Lok Sabha. The Bill was then referred to the joint select
committee of the parliament. The Committee submitted its report on 20 February 1970. The Bill was
substantially altered in the light of the said effect and thereafter, it enacted as the Contempt of Courts Act,
1971. This act came into force on 24 December 1971 and repealed replaced the earlier Contempt of Court
Act, 1952.
The provisions of this Act extends to the whole India, provided that it shall not apply to the State of Jammu
and Kashmir, except to the extent to which the provisions of this Act relate to the content of Supreme Court.
This Act is not exhaustive code Section 22 of the Act provides that the provisions of this act shall be in
addition and not in derogation of the provisions of any other law relating to the Contempt of Courts. In this
Act the definition of term, "Contempt of Court" is along with important defenses.
The Act makes provisions in respect of liability of the Judges, Magistrates and other persons acting
Judicially. It makes elaborate provisions in respect of the procedures to be followed in the Contempt
proceeding and also in respect of the Appeal.
Constitutional validity of Contempt of court
Article 129 of the Constitution of India says that the Supreme Court Shall be a court of record and shall
have all the powers of such a court including the power to punish for contempt of itself.
According to article 215 of the Constitution of India, every High Court Shall be court of record and shall I
have all the powers of such a court including the power to punish for contempt of itself.
Parliament and the State Legislature both have power to make laws with respect to any of the subject
enumerated in list III( concurrent list ) of the seventh schedule of the Constitution. The parliament has
exclusive power to make laws with respect to any of the matters are subjects enumerated in list -I (Union
list) of the 7th of the Constitution.
The state legislature has exclusive power to make laws with respect of any of the matter or subjects
enumerated in list II(State list) of the seventh scheduled of the Constitution .

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Entry 77 of the list is as follows-
Constitution, organization, jurisdiction and powers of the Supreme Court (including contempt for such a
court ) and the fees taken therein; persons entitled to practice before the supreme Court.
Entry15 of list II is as follows " contempt of court but not including contempt of Supreme Court "
The legislature is fully competent to legislate with respect to competent of court subject only to the
qualification that the legislature cannot take away the power of the Supreme Court or the High Court to
punish for contempt or vest that power in some other court.
Article 142(2) of the Constitution of India states that the Supreme Court shall have all and every power to
make any order for the purpose of securing the attendance of any person, the discovery or production of
any document, or the investigation or punishment of any contempt of itself.

According to article 372 of Constitution of India, all the laws in force in the territory of India immediately
before the commencement of this Constitution shall continue in force therein until altered or repealed or
amended by a competent legislature or other competent authority. That is why section 22 of the competent
of Courts Act 1971, it makes it clear that the provision of this Act shall be in Addison to and not in
derogation of the provision of any other law relating to contempt of courts.
The contempt of Courts Act is not violation of guarantee of equality and article 14 as the classification of
a founded on the intelligible differentia which distinguisher persons or things that are grouped together
from other left out of the group and the differentia has a rational relation to the object thought to be achieved
by the statute in question is reasonable.
As the existing law relating to contempt of court imposes reasonable restrictions within the meaning of
article 19(2) and therefore, it is not violate of the fundamental right to freedom of speech and expression
guarantee by article 19 (1)(2) of the Constitution.
According to clause 10 of the article 366 the existing law means any law ordinance order bye- law , rule or
regulation passed or made before the commencement of this Constitution by a legislature, authority or
person having power to make such a law., ordinance bye-law , rule or regulation.
The contempt of law is not violate of article 21 which provides that no person shall be deprived of his life
or personal liberty except according to the procedure established by law as the existing procedure for
contempt proceedings have statutory sanction. Section 10 of the contempt Act,1971, makes it clear that
every High Court shall have and exercise the same jurisdiction powers and authority in accordance with
the same procedure and practice in respect of contempt of courts subordinate to it as it has and exercise in
respect of contempt of itself. beside this article 225 of the Constitution of India makes provision for its
continuity.
Hence on the above grounds, it can be concluded that the contempt of court at 1971 is not violation of
any provision of the Constitution and it is constitutionally valid.
Conclusion
There should be an appropriate balance between judicial protection and judicial accountability which the
Indian judiciary successfully maintained so far. Respect for judiciary is necessary for affective rule of law.

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But respect should not be enforced, it must only be earned. The best shield and armor of a judge is his
reputation of integrity, impartiality, and learning.

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