Constituition Validity Of Contempt Of Court And Balancing Freedom Of Speech And Judicial Independence
- IJLLR Journal
- Dec 15, 2024
- 2 min read
Jayansh Sharma, Manipal University Jaipur
Naman Goyal, Manipal University Jaipur
MEANING OF CONTEMPT OF COURT
One of the essential features of the court of law is to adjudicate the matter pending or brought before the court, in the process of adjudication the courts determine the rights and liabilities of the parties through its decision, so when one of the parties or any person having interest in such decision does not fulfill his obligation rooted in such decision given by the competent court, or any act or any conduct on the behalf of any person that tends to lower the reputation of the authority or any act itself or causes obstruction in the process of implications of such decision or any act which obstructs or becomes hurdle in the administration and meeting the end of justice is known as “contempt of the court”.
ORIGIN IN INDIA
The basis of the concept of the contempt of the court has been the English law, in English law superior court has been bestowed with the power of giving punishments for any obstruction in the administration of justice, the first step that was taken with the object of securing the integrity and dignity of the decision of the court was the effective application of the Contempt of the court act,1926 and after India got the independence the aforesaid act was reintroduced again as the, Contempt of court Act, 1952, but it did not include as to what constitutes the act of contempt of the court, meaning there was no ambit as to which act fall in the area of contempt of court, with the object of rectifying such trench the final legislation with the object of securing end of justice the current legislation Contempt of court Act, 1971 was introduced.
For this purpose a committee was constituted and chairman of the committee was H.N. Sanyal and the day on which it was constituted was 29th of july, 1961, H.N. Sanyal was additional solicitor general at that point of time, In the period of 2 years a drafted bill along with its report was submitted by the committee.
