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Can the Supreme Court punish for contempt?

Can the Supreme Court punish for contempt?

28-Aug-2025

Supreme Court

Answer By law4u team

Yes. The Supreme Court of India has the power to punish for contempt of court under: • Article 129 of the Constitution – Declares the Supreme Court as a “court of record” with the power to punish for its contempt. • Contempt of Courts Act, 1971 – Defines and regulates the law of contempt. Types of contempt • Civil contempt – Willful disobedience of a court order or breach of an undertaking given to the court. • Criminal contempt – Acts that scandalise or lower the authority of the court, prejudice judicial proceedings, or obstruct the administration of justice. Punishments available • Simple imprisonment up to 6 months • Fine up to ₹2,000 • Or both (The court can discharge the punishment if the contemnor apologises to its satisfaction.) This power is independent and cannot be curtailed by Parliament in a way that takes away the Court’s constitutional authority.

Answer By Anik

Dear Client, Yes, the Supreme Court of India does have the power to punish for contempt of itself. That power is a given by the Indian Constitution and is also put forth in the Contempt of Courts Act of 1971. Here arel details:. Constitutional Provisions: Constitutional Articles:. Article 129: This piece reports that the Supreme Court is a “Court of Record” which me,ans it has all the powers of such a court, which include the power to punish for contempt of itself. Article 142(2): This provision gives the Supreme Court power to issue any order which, in turn, will bring to the court any person, to issue out that certain documents be produced, also to look into and punish cases of contempt of it. Statutory Law: Proper Law:. Contempt of Courts Act, 1971: This Act sets out what is to be considered as contempt of court and also puts forth the procedures for that which is deemed contempt. The Act also presents a classification of the two types of contempt. Civil Contempt: This includes any time that one willfully disobeys a judge’s order, decree, direction, writ or other court-ordered process or willfully breaks a promise made to the court. Criminal Contempt: This includes the publication of anything which to do the following:. Offends against or tends to offend the authority of any court; or. Prejudicially, or interferes or is in a position to interfere with the proper conduct of any court proceeding; or. Interfere in or which does in fact obstruct the administration of justice also. Nature of the Power: What kind of Power: The right to punish for contempt is not a statutory right but an inherent power of a superior court. The Supreme Court uses this power to uphold the court’s dignity and authority and to see to it that justice is properly served. But it also is not for the purpose of silencing fair criticism as a means to prevent actions that will, in turn, shake the public’s trust in the judiciary. Punishment: Penalty:. The Contempt of Courts Act of 1971, which puts forth a term of maximum six months' imprisonment or a fine of up to Rs 2000 or both. In matters of civil contempt, courts also have the authority to see that the contemnor does what they are ordered to by the court, which, if not done, may bring about more penalties. Thus, the Supreme Court’s which is to render it the preeminent judicial body in the country, has the authority to mete out punishment for contempt, which it does very well indeed. This is a tool that the Court uses to uphold the rule of law and get its decisions and orders carried out. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By M.srinivasan

Yes, The Supreme Court Of India Can Punish For Contempt Of Itself As Well As, In Certain Cases, Contempt Concerning Proceedings Before Inferior Courts. Post By: M. Srinivasan Yadav Constitutional Provisions The Supreme Court Derives Its Power To Punish For Contempt Mainly From Article 129 Of The Constitution Of India, Which Specifically States That The Supreme Court Is A "Court Of Record" And Has The Power To Punish For Contempt Of Itself. Article 142 Of The Constitution Further Enables The Supreme Court To Punish For Contempt For The Purpose Of Ensuring Complete Justice. Legal Framework The Contempt Of Courts Act, 1971 Provides The Definitions, Procedures, And Possible Punishments For Contempt, Although The Inherent Jurisdiction Of The Supreme Court Under Article 129 Cannot Be Limited Or Abrogated By This Law. Punishment May Include Up To Six Months’ Imprisonment, A Fine Up To ₹2000, Or Both; However, In Practice, Imprisonment Is Ordered Only In Serious Cases. Types Of Contempt Civil Contempt: Willful Disobedience To Any Judgment, Order, Or Other Court Processes. Criminal Contempt: Acts That Scandalize Or Lower The Authority Of The Court, Interfere With Judicial Proceedings, Or Obstruct The Administration Of Justice. Key Points The Supreme Court Can Initiate Suo Moto (On Its Own Motion) Contempt Proceedings. Parliament May Regulate The Procedure But Cannot Take Away The Supreme Court’s Core Contempt Powers As A Court Of Record. The Supreme Court’s Contempt Powers Are Critical To Upholding Judicial Authority And The Rule Of Law. Thank You!