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?
Correct Answer :
1, 2 and 4 only
Solution :
The correct option is 1, 2 and 4 only.
Let us analyze each statement step-by-step to understand why this option is correct:
Statement 1 is correct:
The Contempt of Courts Act, 1971 was indeed passed pursuant to the recommendations of the H.N. Sanyal Committee. The committee was set up in 1961 under the chairmanship of H.N. Sanyal (then Additional Solicitor General of India) to examine the law relating to contempt of courts in India and suggest reforms.
Statement 2 is correct:
The Constitution of India explicitly empowers both the Supreme Court and the High Courts to punish for contempt of themselves.
- Article 129 of the Constitution declares the Supreme Court to be a "court of record" and gives it all the powers of such a court, including the power to punish for contempt of itself.
- Article 215 of the Constitution declares every High Court to be a "court of record" and vests it with similar powers to punish for contempt of itself.
Statement 3 is incorrect:
The Constitution of India does not define civil contempt and criminal contempt. Instead, these terms are defined under Section 2 of the Contempt of Courts Act, 1971 (specifically Section 2(b) for Civil Contempt and Section 2(c) for Criminal Contempt).
Statement 4 is correct:
In India, the Parliament is vested with the powers to make laws on Contempt of Court. This authority is derived from Entry 77 of the Union List (List I) in the Seventh Schedule of the Constitution for the Supreme Court, and Entry 14 of the Concurrent List (List III) for other courts, which allows both Parliament and State Legislatures to legislate on contempt of court, with Parliament having overriding power.
Therefore, statements 1, 2, and 4 are correct, making 1, 2 and 4 only the correct option.
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