UPSC Prelims 2022 Q11: Indian Polity – Judiciary
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?
- (a) 1 and 2 only
- (b) 1, 2 and 4
- (c) 3 and 4 only
- (d) 3 only
Answer: (b) 1, 2 and 4
Explanation
Contempt of Court in India
| Statement | Verdict | Reason |
|---|---|---|
| 1. Contempt of Courts Act, 1971 followed the H.N. Sanyal Committee | Correct | The Sanyal Committee (1961) report led to the 1971 Act |
| 2. Constitution empowers SC and HCs to punish for contempt | Correct | Article 129 (SC) and Article 215 (HCs) make them courts of record with this power |
| 3. Constitution defines civil and criminal contempt | Wrong | The definitions are in Section 2 of the 1971 Act, not the Constitution |
| 4. Parliament can make laws on contempt | Correct | Entry 77, Union List (SC) and Entry 14, Concurrent List |
Two kinds of contempt (1971 Act):
| Type | Meaning |
|---|---|
| Civil contempt | Wilful disobedience of a court order |
| Criminal contempt | Scandalising the court, prejudicing proceedings or obstructing justice |
Answer: (b) 1, 2 and 4.
Why each option is right or wrong
- (a) Incorrect. It leaves out Statement 4; Parliament can legislate on contempt under Entry 77 and Entry 14.
- (b) CORRECT. The Sanyal Committee led to the 1971 Act, Articles 129 and 215 give the power, and Parliament can legislate.
- (c) Incorrect. Statement 3 is false; the Constitution does not define the types of contempt.
- (d) Incorrect. Statement 3 is the only false statement here.
Key point
Contempt: Arts 129 and 215 give power; Contempt of Courts Act 1971 (Sanyal Committee) defines civil and criminal contempt.
Remember
The Constitution gives the contempt power; the 1971 Act defines civil and criminal contempt.
Common mistakes
- Believing the Constitution defines civil and criminal contempt; the 1971 Act does.
- Forgetting that SC and HCs are courts of record, which is the basis of the contempt power.
- Not knowing the Sanyal Committee as the origin of the 1971 Act.
Exam tip
Power from the Constitution, definitions from the Act. That split solves most contempt questions.
Sources
- Constitution of India — Articles 129, 142, 215
- Contempt of Courts Act, 1971
- M. Laxmikanth — Indian Polity (Supreme Court)