THE CONTEMPT OF COURTS ACT 1971
CHAPTER – IV
THE CONTEMPT OF COURTS ACT, 1971:
A CRITIQUE
1.1 INTRODUCTION
After
discussing
concept,
historical
background
and
constitutional aspect in the proceeding chapters, an attempt has been made in this chapter to discuss in detail the provisions of the
Contempt of Courts Act, 1971.
Rule of Law is the basic principle of governance of any civilized and democratic society. The principle asserts supremacy of law bringing under its purview everyone, individuals and institutions at par without any subjective discretion. It connotes the meaning that,
“Whoever the person may be, however High he or she is, no one is above the law notwithstanding how powerful and how rich he or she may be.” There can be no Rule of Law unless the bulwark of that grand concept „the Court of Justice‟ are kept alive at institutions breathing freedom, openness and justice. No society can exist without laws and laws have no meaning, if they can not be enforced. It is through the Courts that the rule of law reveals its meaningful content.
The Indian Constitution is based upon the concept of Rule of Law and for achieving this cherished goal, the framers of Indian Constitution has assigned the special task to the judiciary.1
The judiciary is the guardian of the Rule of Law. Hence judiciary is not the third pillar but the central pillar of the democratic state. An independent or impartial Judiciary is the sine qua non of a healthy society. It is the last resort for the common people of a country, as they repose their ultimate faith in it to get justice. Therefore, it is
1
Tek Chand, The Law of Contempt of Court and of Legislature, 2nd edition, the University
Book Agency, Allhabad, 1949, p. 4.
174
essential for the Judiciary to be protected from all sorts of evil likely to affect the administration of justice. For better protection and preservation of prestige and dignity of the courts, the law on contempt of court has evolved. So, broadly speaking, this law helps the courts in
THE CONTEMPT OF COURTS ACT, 1971:
A CRITIQUE
1.1 INTRODUCTION
After
discussing
concept,
historical
background
and
constitutional aspect in the proceeding chapters, an attempt has been made in this chapter to discuss in detail the provisions of the
Contempt of Courts Act, 1971.
Rule of Law is the basic principle of governance of any civilized and democratic society. The principle asserts supremacy of law bringing under its purview everyone, individuals and institutions at par without any subjective discretion. It connotes the meaning that,
“Whoever the person may be, however High he or she is, no one is above the law notwithstanding how powerful and how rich he or she may be.” There can be no Rule of Law unless the bulwark of that grand concept „the Court of Justice‟ are kept alive at institutions breathing freedom, openness and justice. No society can exist without laws and laws have no meaning, if they can not be enforced. It is through the Courts that the rule of law reveals its meaningful content.
The Indian Constitution is based upon the concept of Rule of Law and for achieving this cherished goal, the framers of Indian Constitution has assigned the special task to the judiciary.1
The judiciary is the guardian of the Rule of Law. Hence judiciary is not the third pillar but the central pillar of the democratic state. An independent or impartial Judiciary is the sine qua non of a healthy society. It is the last resort for the common people of a country, as they repose their ultimate faith in it to get justice. Therefore, it is
1
Tek Chand, The Law of Contempt of Court and of Legislature, 2nd edition, the University
Book Agency, Allhabad, 1949, p. 4.
174
essential for the Judiciary to be protected from all sorts of evil likely to affect the administration of justice. For better protection and preservation of prestige and dignity of the courts, the law on contempt of court has evolved. So, broadly speaking, this law helps the courts in