The
Government is considering amendment to the Contempt of Courts
Act, 1971 in the light of the recommendations of the National
Commission to Review the Working of the Constitution, which was
headed by Shri Justice M.N. Venkatachalaiah, a retired Chief Justice
of India.
The Commission,
in its recommendations relating to the power of the Supreme Court
and the High Court to punish for their contempt, has suggested,
"A proviso should be inserted in Article 129 so as to provide
that the power of court to punish for contempt of itself inherent
only in the Supreme Court and the High Courts is available as
part of the privilege of Parliament and State Legislatures, and
no other court, tribunal or authority should have or be conferred
with a power to punish for contempt of itself".
The Commission
has further observed that a mere legislation by the Parliament
by amending the Contempt of Courts Act, 1971 alone may not suffice
because the power of the Supreme Court and the High Court to punish
for contempt is recognized in the Constitution. In this context,
the Commission has recommended addition of an appropriate proviso
to Article 19 (2) of the Constitution, which reads : "Provided
that, in matters of contempt, it shall be open to the Court to
permit a defence of justification by truth on satisfaction as
to the bona fides of the plea and it being in public interest."
The power of
court to punish for contempt of itself is part of sovereign power.
Articles 129 and 215 of the Constitution recognize the existence
of such power in the Supreme Court and the High Courts. The Contempt
of Courts Act, 1971 regulates the powers of the courts to punish
for their contempt.
