Contempt of Court | 07 Jun 2025

Why in News? 

The Supreme Court of India ruled in May 2025, that a law enacted by Parliament or a State Legislature after a court’s order cannot be considered an act of contempt of court. 

  • The verdict came while dismissing a 2012 contempt plea over Chhattisgarh’s formation of an auxiliary force despite an earlier SC order against Salwa Judum. 

Key Points 

  • Background of the Case: 
    • 2011 SC Judgment: Directed the Chhattisgarh government to cease support for Salwa Judum and to disband Special Police Officers (SPOs) armed to fight Maoists. 
    • Alleged Contempt: The state passed the Chhattisgarh Auxiliary Armed Police Force Act, 2011 after the judgment, legalizing and restructuring the SPOs. 
  • Supreme Court’s Ruling: 
    • Legislative Powers and Contempt: The Court held that enacting a law after a court order is not contempt unless declared unconstitutional by a Constitutional Court. 

Contempt of Court 

  • Contempt of court is a legal mechanism used to protect the authority, dignity, and independence of the judiciary from motivated attacks or unwarranted criticism. 
  • It ensures that judicial institutions are respected and their orders are followed. 
  • Statutory Basis: 
    • Article 19(2): Allows reasonable restrictions on free speech, including contempt of court. 
    • Article 129: Grants the Supreme Court the power to punish for contempt of itself. 
    • Article 215: Grants the same power to High Courts. 
    • The Contempt of Courts Act, 1971 provides the statutory framework for contempt proceedings. 
  • Kinds of Contempt: 
    • Civil Contempt: Wilful disobedience to any judgment, order, or direction of a court. It also includes breach of undertakings given to the court. 
    • Criminal Contempt: Scandalizing the court, lowering its authority, or interfering with judicial proceedings.  
      • It also includes any act that obstructs the administration of justice. 
  • Note: Fair and accurate reporting of court proceedings and fair criticism of judgments after disposal are not considered contempt. 
  • Punishment: Under the Contempt of Courts Act, 1971, punishment may include imprisonment up to 6 months, fine up to ₹2,000, or both. 
    • The 2006 Amendment allows the defence of truth and good faith. 
    • Punishment is to be applied only if there is substantial interference with justice.