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 the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. 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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2022, Q37

Contents11
UPSC Prelims GS2022Indian Polity
  1. A1 and 2 only
  2. B1, 2 and 4
  3. C3 and 4 only
  4. D3 only
Show answer

Answer: (B) 1, 2 and 4

The answer is (B) Statements 1, 2, and 4.

Statement 1 is CORRECT:

The H.N. Sanyal Committee (1961) studied contempt of court laws.

Its recommendations led to the Contempt of Courts Act, 1971.

Statement 2 is CORRECT:

Article 129 (Supreme Court) and Article 215 (High Courts) give these courts power to punish for their own contempt.

Statement 3 is WRONG (key trap!):

The Constitution does NOT define civil or criminal contempt.

The Contempt of Courts Act, 1971 (made by Parliament) defines these terms.

Statement 4 is CORRECT:

Since the Constitution doesn't define contempt but allows Parliament to make laws on it,

Parliament has legislative power over contempt of court matters.

Why this was asked

The Constitution gives Supreme Court and High Courts power to punish contempt but does not define what contempt actually means - Parliament had to define it through the 1971 Act.

The key trap is assuming the Constitution defines civil and criminal contempt when only the parliamentary Act of 1971 provides these definitions.

This tests the distinction between constitutional powers (Articles 129, 215) versus statutory definitions (Contempt of Courts Act, 1971).

Constitutional Provisions on Contempt Powers

Indian Polity Article 129 Article 215 Supreme Court High Courts

Articles 129 & 215: Constitutional Contempt Powers

Must know

Article 129 empowers Supreme Court to punish for contempt of itself

Article 215 empowers High Courts to punish for contempt of themselves

Constitution grants power but does NOT define what constitutes contempt

Good to know

Only Supreme Court and High Courts have constitutional contempt powers, not subordinate courts

Constitutional Framework

The Constitution grants contempt powers to superior courts only — Supreme Court and High Courts. This reflects their status as constitutional courts with inherent authority to maintain their dignity and ensure compliance with their orders.

Contempt Powers Comparison

Court

Constitutional Article

Scope of Power

Key Feature

Supreme Court

Article 129

Punish contempt of itself

Record court with inherent powers

High Courts

Article 215

Punish contempt of themselves

Constitutional courts of states

Subordinate Courts

None

No inherent contempt power

Derive power from statutes only

Exam traps

Trap: Constitution defines contempt types — WRONG. Constitution only grants power, definitions come from Contempt of Courts Act, 1971

Trap: All courts have contempt powers — WRONG. Only Supreme Court and High Courts have constitutional contempt powers

Trap: Article numbers — Article 129 is Supreme Court, Article 215 is High Courts (not the reverse)

Contempt of Courts Act, 1971

Indian Polity Contempt of Courts Act 1971 H.N. Sanyal Committee

Contempt of Courts Act, 1971: Definitions & Framework

Must know

H.N. Sanyal Committee (1961) recommended unified contempt law

Contempt of Courts Act, 1971 defines civil and criminal contempt

Parliament has legislative power over contempt of court matters

Good to know

Act provides defenses like truth, fair criticism, and good faith

Legislative Background

The H.N. Sanyal Committee (1961) studied existing contempt laws and recommended a comprehensive statute. Parliament passed the Contempt of Courts Act, 1971 to provide uniform definitions and procedures across all courts.

Types of Contempt

Type

Definition

Examples

Key Feature

Civil Contempt

Disobedience of court orders/undertakings

Not following court decree, violating injunction

Coercive — to compel compliance

Criminal Contempt

Scandalize/lower authority of court

Publishing statements against judge, disrupting proceedings

Punitive — to punish interference

Key Provisions

Truth as defense: If publication is true and made in good faith for public interest

Fair criticism: Bonafide criticism of judicial acts is protected

No contempt by publication: Of substantially true fair report of judicial proceedings

Apology: Unconditional apology can lead to discharge in appropriate cases

Exam traps

Major Trap: Constitution defines contempt types — WRONG. Only Contempt of Courts Act, 1971 defines civil vs criminal contempt

Trap: Courts can't punish contempt without this Act — WRONG. Constitutional power exists independently, Act only defines and regulates

Trap: Committee name — H.N. Sanyal Committee, not other committee names that appear in polity questions

Parliamentary Power over Contempt Laws

Indian Polity Parliament powers to make laws

Parliament's Legislative Competence on Contempt

Must know

Parliament has power to make laws on contempt of court

Constitution grants contempt power but leaves definitions to Parliament

Good to know

Entry 77 of Union List covers constitution and jurisdiction of Supreme Court

Constitutional Logic

While Articles 129 and 215 grant contempt powers to courts, the Constitution deliberately does not define what constitutes contempt. This legislative gap allows Parliament to define, regulate, and modify contempt laws through statutes like the Contempt of Courts Act, 1971.

Legislative Framework

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Constitutional Power**
Articles 129 & 215 grant contempt powers to SC and HCs`"]
  s2["`**Legislative Gap**
Constitution does NOT define civil/criminal contempt`"]
  s3["`**Parliamentary Action**
Parliament fills gap through Contempt of Courts Act, 1971`"]
  s4["`**Statutory Definitions**
Act defines contempt types, procedures, and defenses`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4

Scope of Parliamentary Power

Define contempt: What constitutes civil vs criminal contempt

Set procedures: How contempt proceedings should be conducted

Provide defenses: Truth, fair criticism, good faith as valid defenses

Regulate punishment: Maximum penalties and alternative remedies

Modify scope: Parliament can expand or restrict contempt coverage

Exam traps

Trap: Only courts can regulate contempt — WRONG. Parliament has clear legislative authority

Trap: Constitution is complete on contempt — WRONG. Constitution grants power but Parliament defines scope