Laws made by Parliament or State Legislature cannot be an act of Contempt of Court (CoC): Supreme Court (SC) | Current Affairs | Vision IAS
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ESC

SC in the Nandini Sundar & Ors. Vs. State Of Chhattisgarh, held that enacting a law by legislature contradictory to previous Court orders cannot be viewed as CoC.

  • The court further held that a legislature has the powers to remove the basis of a judgment or, validate through an amendment a law which has been struck down.

About Contempt of the Court

  • Meaning: It refers to disobeying or disrespecting a court, lowering its authority and dignity. 
  • Legislative Framework: The Contempt of Courts Act, 1971 and the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. 
  • Types of Contempt
    • Civil Contempt: Wilful disobedience of court orders or undertakings.
    • Criminal Contempt: Publishing or doing anything (spoken, written, signs, etc.) that:
      • Scandalises or lowers court’s authority .
      • Prejudices or interferes with any ongoing proceedings
      • Obstructs the administration of justice in any manner. 
  • Major Exceptions (Contempt of Courts Act, 1971): Innocent publication; fair and accurate reporting of judicial proceedings; fair criticism of the judicial act, etc. 

Related Constitutional Provisions

  • Article 129: Makes the Supreme Court ‘a court of record’ and confers power to punish for contempt of itself. 
    • Article 215 extends similar powers to the High Court. 
  • Article 142: SC can pass orders to ensure complete justice, including contempt. 
  • Article 19(2): Includes contempt as a ground for reasonable restrictions on freedoms under Article 19(1). 
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