What constitutes as contempt of court in India?, Pg10

Key Highlights:

• Recent remarks against the Chief Justice of India and the Supreme Court have sparked controversy and demands for contempt proceedings.
• Contempt of court is mentioned in Article 19(2) as a ground for reasonable restrictions on fundamental freedoms.
• The Contempt of Courts Act, 1971 classifies contempt into civil and criminal.
• The Supreme Court and High Courts can initiate contempt proceedings suo moto or through a third party with the consent of the Attorney General or Advocate General, respectively.

Detailed Insights:

• Article 129 and 215 designate the Supreme Court and High Courts as courts of record, granting them the power to punish for contempt.
• Civil contempt involves wilful disobedience to court orders, while criminal contempt includes actions that scandalise the court or interfere with judicial proceedings as per the Contempt of Courts Act, 1971.
• Fair criticism of decided cases is not contempt, but criticism exceeding fair commentary can be deemed contemptuous, as established in Ashwini Kumar Ghosh versus Arabinda Bose (1952).
• The case of M. V. Jayarajan versus High Court of Kerala (2015) affirmed that abusive language against a High Court order in a public speech constitutes criminal contempt.
• The Supreme Court in Shanmugam @ Lakshminarayanan vs. High Court of Madras (2025), reiterated that the purpose of contempt proceedings is to ensure the administration of justice.
• Criticism of court actions is acceptable, but misrepresentation that undermines the judiciary's role in setting state priorities and delivering substantive justice can be considered contemptuous.

Key Concepts Involved:

• Contempt of Court: An act of disobedience or disrespect towards a court of law, or interference with its functioning.
• Suo Moto: An action taken by a court on its own initiative, without a formal request from another party.
• Attorney General: The highest law officer in the country, representing the Union government in legal matters.