Question

UPSC Prelims 2022 Question:

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 High court to punish for contempt of themselves.

  1. The Constitution of India defines Civil Contempt and Criminal Contempt.
  2. 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?

  1. 1. 1 and 2 only
  2. 2. 1, 2 and 4
  3. 3. 3 and 4 only
  4. 4. 3 only

Answer (Detailed Solution Below)

Option 2: 1, 2 and 4

Detailed Solution

Explanation: 

    • H. N. Sanyal committee set up in 1961 made a comprehensive examination of the law and problems relating to contempt of court. The recommendations of the committee were generally accepted. Pursuant to the report of the committee, the Contempt of Court Act, 1971 was passed by the parliament. So, statement 1 is correct.

    • Article 129 and 215 of the Constitution of India empower the Supreme Court and High Court respectively to punish people for their respective contempt. So, statement 2 is correct.
  • The Contempt of Courts Act of 1971 (and not the Constitution) defines civil and criminal contempt respectively. So, statement 3 is not correct.
  • Article 142 (2) states that “subject to the provisions of any law made in this behalf by Parliament” the Supreme Court shall have all and every power to make any order on punishment of any contempt of itself. Therefore, the Parliament can make laws on Contempt of Court. So, statement 4 is correct.

Therefore, option (2) is the correct answer.

Subject: Polity| Judiciary

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