Contempt Of Court In India: Need For Harmonising Article 19(1)(A) With Judicial Independence
- IJLLR Journal
- Dec 26, 2025
- 1 min read
Sameeksha Tripathi, Lucknow Bench, Allahabad High Court
ABSTRACT
A fundamental component of India's democratic system is the right to freedom of speech and expression, which is protected by Article 19(1)(a) of the Indian Constitution. The legislation pertaining to contempt of court is one of the "reasonable restrictions" listed in Article 19(2) that apply to this fundamental right. Enshrined in Articles 129 and 215 for the Supreme Court and High Courts, respectively, the ability to punish for contempt is meant to protect judicial dignity, uphold public trust in the legal system, and guarantee the unbiased and fearless administration of justice. The delicate balance between the judiciary's inherent authority to penalize for contempt and the valued right to free speech is critically examined in this research paper, with a focus on the contentious offence of "scandalizing the court" under the Contempt of Courts Act, 1971.
The study makes the case that, although honest and impartial criticism of the way the judiciary operates is necessary for accountability in a democracy, the expansive and somewhat ambiguous character of contempt laws may possibly discourage justifiable dissent.
In order to ensure that the rule of law is enforced without unduly compromising the constitutional goal of free expression and democratic accountability, the paper concludes by suggesting judicial and legislative reforms.
Keywords: Contempt of Court, Rule of Law, Article 19 (1) (a), Judiciary, Democracy
