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PCS ParikshanChhattisgarh Switch to Hindi
Contempt of Court
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.
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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.
