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26th June 2025 (28 Topics)

Contempt of Court

Context

The Madras High Court has summoned five senior IAS officers in a contempt of court case for allegedly failing to implement its earlier order.

What is Contempt of Court?

  • Contempt of Court refers to any act or omission that:
    • Disrespects the authority or dignity of the court, or
    • Obstructs the administration of justice.
  • There are two types under Contempt of Courts Act, 1971:
  • Civil Contempt: Willful disobedience to any judgment, decree, direction, order, or writ of the court.
    • Example: Not implementing a court's order, as in this case.
  • Criminal Contempt:
    • Scandalizing or lowering the authority of the court,
    • Prejudicing judicial proceedings, or
    • Obstructing the administration of justice.

Constitutional Provision

There are two Articles in the Constitution of India which talk about the Contempt of Court and these are Article 129 and Article 142(2).

  • Article 129: Article 129 says that the Supreme Court shall be the ‘Court of Record’ and it has all the powers of such courts including the power to punish for contempt of itself.
  • Article 142(2): When any law is made by the Parliament on the provisions mentioned in clause 1 of this Article, the Supreme Court has all the power to make an order for securing any person’s attendance, production of any documents or has the power to give punishment to anyone for its contempt.
    • This also does not mean that the Supreme Court can do anything against the right of personal liberty if it has the power to punish for Contempt of Court. 

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