SC warns Maharashtra Election Commission for Contempt of Court

Syllabus: General Studies Paper 2

The Supreme Court while allowing the Maharashtra government to implement the Banthia Commission report recommending 27% OBC reservation in state local bodies, had specifically excluded the 367 local bodies from the ambit of reservation as the election programme.

Contempt of Court

• Contempt of court, as a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority
• This follows the initiation of contempt proceedings by the Supreme Court of India, on its own motion.

There are two types of contempt of Court:

1. Civil Contempt
2. Criminal Contempt

• Civil contempt of Court: Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as willful disobedience to any judgment, decree, direction, order, writ, or other processes of a court or wilful breach of an undertaking given to a court.
• Criminal Contempt of Court: It is defined under Section 2(c) of Contempt of Court Act, 1971. According to which criminal contempt is any publication which may result in:
• Scandalizing the Court by lowering its authority.
• Interference in the due course of a judicial proceeding.
• Creates an obstruction in the administration of justice.

Source of Contempt Law

• The contempt powers of the Supreme Court trace their source to different provisions in the Constitution of India, namely, Article 32, 129, 131, 139A, and 142(2).
• Article 129: “The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself”
• Article 215: “Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself”
• High Courts have been given special powers to punish contempt of subordinate courts, as per Section 10 of The Contempt of Courts Act of 1971.
• High Courts do not have the power to initiate contempt proceedings of the Supreme Court, if there is contempt of the Supreme Court then only the Supreme Court can initiate the contempt proceeding.
• Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.