Consider the following statements:Pursuant to the report of H.N. Sanyal Committee, the Contempt of C

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Question

Consider the following statements:Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.The Constitution of India defines Civil Contempt and Criminal Contempt.In India, the Parliament is vested with the powers to make laws on Contempt of Court.Which of the statements given above is/are correct?

Accepted Answer

Correct Answer: B — 1, 2 and 4Step-by-step Solution:Statement 1 — Contempt of Courts Act 1971 based on H.N. Sanyal Committee report: This is correct. In 1961, the Government of India set up a committee under the chairmanship of H.N. Sanyal (then Additional Solicitor General) to comprehensively examine the law and problems relating to contempt of court. The committee's recommendations, which balanced freedom of speech with the dignity of courts, formed the basis of the Contempt of Courts Act, 1971. ✓Statement 2 — Constitution empowers Supreme Court and High Courts to punish for contempt: This is correct. Article 129 of the Constitution declares the Supreme Court to be a court of record and confers on it the power to punish for contempt of itself. Article 215 similarly declares every High Court to be a court of record with the power to punish for contempt of itself. These are inherent constitutional powers — even if the Contempt of Courts Act were repealed, these powers would remain. ✓Statement 3 — The Constitution defines Civil and Criminal Contempt: This is incorrect. The Indian Constitution does not define contempt of court at all — neither civil nor criminal contempt. These definitions are provided in the Contempt of Courts Act, 1971: Civil contempt = wilful disobedience of a court order; Criminal contempt = any act that scandalises the court, prejudices judicial proceedings, or interferes with the administration of justice. ✗Statement 4 — Parliament has power to make laws on Contempt of Court: This is correct. Entry 77 of the Union List (Seventh Schedule) empowers Parliament to legislate on the Constitution, organisation, jurisdiction, and powers of the Supreme Court including contempt of such court. Similarly, Entry 65 of the Union List covers contempt of court generally. Parliament exercised this power to enact the Contempt of Courts Act, 1971. ✓Why other options are incorrect:Option A (1 and 2 only): Incorrect — statement 4 is also correct.Option C (3 and 4 only): Incorrect — statement 3 is wrong.Option D (3 only): Incorrect — statement 3 is wrong.Key Concept: The Contempt of Courts Act 1971 defines two types: Civil contempt (wilful disobedience of court orders) and Criminal contempt (scandalising the court, prejudicing proceedings, interfering with administration of justice). The Act also provides that truth can be a valid defence if it is in public interest. The Supreme Court's inherent power under Article 129 is independent of any legislation — it cannot be taken away by Parliament. In 2022, the Supreme Court confirmed that no law can remove courts' power to punish for contempt.

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