Contempt Of Court In India: Balancing Judicial Authority And Fundamental Rights
- IJLLR Journal
- Jun 5
- 1 min read
Madhav Agrawal, Jagran Lakecity University, Bhopal
ABSTRACT
Whenever there is any intended attempt to condemn the court, such action undermines public confidence in judiciary and pose a threat to fairness of judiciary. This paper addresses the historical evolution, statutory framework and judicial interpretation of contempt laws in India, while focusing on the contempt of court Act,1971 how Contempt of court in India balance the judicial authority and fundamental rights especially the right to freedom of speech and expression under article 19 (1) (a) which are guaranteed by constitution of India. Through a critical analysis of judgements which give all information about contempt of court and how it regulates the fairness of judiciary proceeding and strong the judgment passed by the courts by the help of contempt of court which make the judiciary stronger and make the judiciary separate from other organs. Our constitution gives fundamental human right that encompasses the liberty to express one's thoughts, opinion and ideas without fear of censorship or relation. The study highlights the two broad categories of contempt – civil-and criminal and highlight the important of protecting the judiciary ‘s independence from undue influence by other organs. The doctrine of contempt of court in India, thus act as a legal remedy for preserving the authority, dignity and impartial functioning of the judiciary, ensuring the trust of the people in the rule of law.
Keywords: contempt of court, fundamental rights, judicial authority, civil- criminal, liberty, freedom of speech and expression, rule of law, judiciary, constitution.
