06-01-2016, 04:31 PM
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.
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 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 discharging justice keeping its stand supreme in the eye of society. Actually this law aims at ensuring the administration of justice by courts in the society. The essence of contempt is action or inaction amounting to an interference with or obstruction to or having a tendency to interfere with or to obstruct the due Administration of Justice.
The House of Lords in Attorney General v. Times Newspapers Ltd. , has rightly enumerated threefold purposes of the law of contempt: (i) to enable the parties to litigation and the witnesses to come before the Court without outside interference; (ii) to enable the Courts to try cases without such interference; and (iii) to ensure that authority and administration of law are maintained.
LEGISLATIVE MEASURES RELATING TO CONTEMPT IN INDIA
In India, almost all the laws replicate the English Statutes and contempt law is no exception to it. The brief narration of legislative measures of the law of contempt of court in India from the Contempt of Courts Act, 1926 to the Contempt of Courts Act, 1971 is useful for the purpose of present study.
THE CONTEMPT OF COURTS ACT, 1926
In India there was no statutory law of contempt till 1926. Before 1926, the law of contempt in India followed in entirely, British corresponding law which regulated superior courts of record. The High Courts in India which were courts of record often adopted British legal principles enunciated in regard to contempt law. The first legislation to deal with contempt of courts in our country received statutory recognition in the form of the Contempt of Courts