No law enacted by Parliament or the state legislature can be considered contempt of court

SC’s Guidance

Each State Legislature possesses full authority to enact legislation, and as long as the enactment has not been ruled as ultra vires the Constitution or deemed null and void by a constitutional court, it will have legal force.

The highest court confirmed that the legislature is permitted to enact a law that nullifies the foundation of a judgment or revise a invalidated law to conform with a constitutional court's decision.

This forms the essence of the principle of separation of powers and must consistently be recognized in a constitutional democracy.

Regarding Disrespect for the Court

Definition: It denotes any action or neglect that hinders or disrupts the proper administration of justice or displays contempt for the authority, dignity, and integrity of a court.

Forms of Disrespect:

Civil Contempt: Intentional defiance of any ruling, order, instruction, or decree issued by a court, or intentional violation of a commitment made to a court.

Criminal Contempt: Any action that shocks or diminishes the court’s authority, harms or disrupts judicial processes, hinders the administration of justice in any other way.

Constitutional and Legal Foundation:

Article 129: The Supreme Court shall function as a court of record and possess full authority to impose penalties for its contempt.

Article 215: High Courts possess comparable authorities.

Contempt of Courts Act, 1971: Legal structure outlining and governing contempt actions in India.

Article 142(2): Also grants the Supreme Court the authority to issue orders for punishing contempt, in accordance with any law enacted by Parliament.

Protective measures:

Truth as a Defense: Following the 2006 Amendment, truth can serve as a legitimate defense if it serves the public interest and is expressed in good faith.

Problems and Worries

Possible limitations on the right to free speech and expression (Article 19(1)(a))

Definitions are vague, particularly "scandalising the court," which can be arbitrary.

Possibility of abuse to protect the judiciary from justifiable criticism.

the fact that some nations, like the UK, have repealed comparable laws.

Law Commission's 274th Report on Recent Developments (2018): It was suggested that criminal contempt be kept in its current form, citing enduring issues such as non-compliance and the decline in court respect.