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Q88 (IAS/1997) Polity & Governance › Judiciary › Contempt of court Answer Verified

Assertion (A) : Willful disobedience or non-compliance of Court Orders and use of derogatory language about judicial behaviour amounts o Contempt of Court. Reason (R) : Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour. In the context of the above two statements, which one of the following is correct ?

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is Option 2.

Assertion (A) is true as per the Contempt of Courts Act, 1971. Civil contempt includes "willful disobedience" of any judgment or order, while criminal contempt involves "scandalizing the court" or using derogatory language that lowers judicial authority.

Reason (R) is also true. Judicial activism involves the judiciary stepping into the domain of the legislature or executive to protect fundamental rights. To ensure its proactive directions are implemented and its authority is maintained against resistance, the judiciary requires the "sword" of punitive powers (contempt) to enforce its will.

However, R is not the correct explanation of A. Assertion (A) defines what constitutes contempt based on legal statutes and constitutional provisions (Articles 129 and 215). Reason (R) describes a functional necessity for judicial activism. The definition of contempt exists independently of the concept of judicial activism; thus, while both are factually correct, R does not provide the logical cause for the legal definition in A.

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