Question map
Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. 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 ?
Explanation
The correct answer is Option 2 (1, 2 and 4) based on the following constitutional and legal provisions:
- Statement 1 is correct: The Contempt of Courts Act, 1971 was enacted based on the recommendations of the H.N. Sanyal Committee, which examined the law relating to contempt to bring it in line with constitutional requirements.
- Statement 2 is correct: Under Article 129 (for the Supreme Court) and Article 215 (for High Courts), the Constitution explicitly designates them as "Courts of Record" with the inherent power to punish for contempt of themselves.
- Statement 4 is correct: The Parliament has the power to legislate on "Contempt of Court" under Entry 77 of the Union List and Entry 14 of the Concurrent List.
- Statement 3 is incorrect: The Constitution does not define Civil or Criminal Contempt. These terms are defined under Section 2 of the Contempt of Courts Act, 1971.
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Static Polity' question solvable entirely from standard texts like Laxmikanth. It relies on the recurring 'Definition Trap'—claiming the Constitution defines a term when it is actually defined by a Statute. If you spot that Statement 3 is false (Constitution does not define Civil/Criminal contempt), the answer becomes obvious.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Was the Contempt of Courts Act, 1971 enacted in India pursuant to the report of the H.N. Sanyal Committee on contempt of courts?
- Statement 2: Does the Constitution of India empower the Supreme Court and the High Courts to punish for contempt of themselves in matters of contempt of courts in India?
- Statement 3: Does the Constitution of India define the legal categories "civil contempt" and "criminal contempt" in relation to contempt of courts in India?
- Statement 4: Is the Parliament of India constitutionally vested with the power to make laws on contempt of courts in India?
- Explicitly states the committee submitted its report in 1963.
- Says the Contempt of Courts Act, 1971 was enacted by Parliament based on the committee's recommendations.
- Also describes the Act's classification of contempt (civil or criminal), linking the law to the committee's remit.
- Repeats that the committee's report led to the enactment of the Contempt of Courts Act, 1971.
- Provides supporting detail on the Act (definition of civil contempt and penalties), reinforcing the connection to the committee's recommendations.
- Explicitly describes the Supreme Court as a 'Court of Record' and states it 'has power to punish for contempt of itself'.
- Directly links the institutional status of the Supreme Court to its contempt jurisdiction.
- Affirms that a High Court 'can punish any person for its contempt'.
- Frames contempt power as intrinsic to a High Court's authority, dignity and honour.
- Explains that under the Contempt of Courts Act, a High Court has power to punish for contempt of itself and of subordinate courts.
- Clarifies the statutory scope and limits of High Court contempt jurisdiction (e.g., exclusion where IPC offence applies).
- Explicitly states that the Contempt of Courts Act, 1971 was enacted and that under the Act contempt may be civil or criminal.
- Provides the statutory definition of civil contempt (wilful disobedience to orders / breach of undertaking), showing the classification comes from the Act rather than the Constitution.
- Identifies Article 129 (and Article 142) as the constitutional source of the Supreme Court's power to punish for contempt.
- Shows the Constitution vests contempt jurisdiction in courts but addresses jurisdictional power, not statutory definitions of categories.
- States that a High Court's power to punish for contempt is exercised 'according to this Act', linking the exercise of constitutional power to statutory regulation.
- Notes procedural/statutory limits (e.g., cognizance rules relating to IPC offences), reinforcing that details are governed by statute.
- Identifies the Contempt of Courts Act, 1971 as the statutory law on contempt, indicating a formal parliamentary enactment on the subject.
- Links the Act to the constitutional role of courts by noting the Act arose from a committee examination of contempt law, showing legislative action in this area.
- Refers to Article 129 (Supreme Court contempt power) and notes that a limitation in section 20 of the 1971 Act does not apply to the Court's suo motu power, demonstrating interplay between statute and constitutional contempt powers.
- Shows that Parliament enacted provisions (the 1971 Act) but that those statutory provisions operate alongside and cannot override certain constitutional powers of the courts.
- States that 'according to this Act' a High Court has power to punish for contempt, showing the statute addresses contempt jurisdiction of High Courts as well.
- Provides statutory context for judicial contempt powers, supporting that Parliament has legislated in this domain.
- Bullet 1. [THE VERDICT]: Sitter. Directly available in Laxmikanth, Chapter 26 (Supreme Court) under 'Court of Record' and Chapter 34 (High Court).
- Bullet 2. [THE CONCEPTUAL TRIGGER]: The distinction between 'Constitutional Source of Power' (Art 129/215) and 'Statutory Regulation of Procedure' (Contempt of Courts Act, 1971).
- Bullet 3. [THE HORIZONTAL EXPANSION]: Memorize terms NOT defined in the Constitution: 'Untouchability' (Art 17), 'Minority' (Art 29/30), 'Martial Law' (Art 34), 'Violation of the Constitution' (Art 61), 'Office of Profit' (Art 102). Contrast with 'Cabinet' (Defined in Art 352).
- Bullet 4. [THE STRATEGIC METACOGNITION]: Whenever you read a legal term in Polity, apply the 'Source Binary' check: Is the definition in the Constitution itself, or did Parliament define it later via an Act? This single logic filter solves 2-3 Prelims questions annually.
The H.N. Sanyal Committee's recommendations directly resulted in enactment of the Contempt of Courts Act, 1971.
High-yield for UPSC because many statutory reforms originate from committee reports; mastering this concept helps answer questions on law-reform processes and the role of expert bodies. It links to public administration and legislative procedure topics and enables candidates to trace origins of major statutes.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > III A Court of Record > p. 293
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III A Court of Record > p. 293
The Act classifies contempt as civil or criminal and defines civil contempt (wilful disobedience of court orders or breach of undertakings).
Important for constitutional and legal-policy questions in UPSC: distinguishes types of contempt, relates to rights (free speech vs. administration of justice), and is frequently tested in judiciary/constitution segments. Helps frame answers on judicial limits and procedural safeguards.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > III A Court of Record > p. 293
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III A Court of Record > p. 293
Supreme Court and High Courts possess contempt-punishing powers constitutionally, and the 1971 Act regulates that jurisdictional exercise.
Crucial for questions on separation of powers and judicial authority: explains constitutional bases (Articles referenced) and statutory regulation of contempt, connecting to topics on judicial review, court powers, and legislative competence. Useful for case-based and normative questions on judicial accountability.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 352
Both the Supreme Court and High Courts possess the power to punish contempt to protect their authority and enforce orders.
High-yield for constitutional law questions: explains an essential aspect of judicial independence and institutional powers. Connects to topics on separation of powers, judicial review and enforcement of court orders. Enables answering questions on limits, scope and purpose of contempt jurisdiction.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > III A Court of Record > p. 293
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > INDEPENDENCE OF HIGH COURT > p. 357
Being a 'Court of Record' confers on higher courts the power to record proceedings and to punish for contempt.
Important for understanding why certain courts have special powers (evidentiary value of records, contempt jurisdiction). Links to judicial procedure, precedent and evidentiary law; useful for questions contrasting courts with/without such status.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > III A Court of Record > p. 293
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
The Act defines and regulates contempt procedure while the higher courts retain inherent constitutional contempt powers (including suo motu exercise).
Crucial for questions on interaction between statute and constitutional powers: shows how Parliament legislates procedure but cannot oust core judicial contempt authority. Helps answer items on limits of legislative competence, statutory exceptions and judicial remedies.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > I'll A Court of Record > p. 360
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 353
The Act classifies contempt into civil and criminal and provides the statutory definition and penalties for civil contempt.
High-yield for Constitutional/Law portions: knowing that classification and definitions come from the 1971 Act answers many direct questions about contempt law; connects to questions on judicial discipline, statutory interpretation, and penalties. It enables tackling fact-based MCQs and short-answer questions on sources of legal definitions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > III A Court of Record > p. 293
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 26: Supreme Court > III A Court of Record > p. 293
The 'Limitation Period' Conflict: Section 20 of the Contempt of Courts Act, 1971 sets a 1-year limit to initiate contempt. However, the Supreme Court has ruled that this statutory limit does NOT apply to its inherent 'Suo Motu' contempt power under Article 129, as a Statute cannot restrict a Constitutional power.
The 'Definition Heuristic': Statement 3 claims the Constitution defines Civil/Criminal contempt. In Indian Polity, 90% of statements claiming 'The Constitution defines [Concept X]' are FALSE (e.g., Untouchability, Minority, Martial Law). Eliminate Statement 3 immediately → Only Option [B] remains.
Mains GS-2 (Judicial Accountability) & GS-4 (Ethics): Link Contempt of Court to the 'Reasonable Restrictions' on Free Speech (Art 19(2)). Discuss the 2006 Amendment which finally introduced 'Truth' as a valid defense in contempt proceedings, balancing judicial dignity with transparency.