CHAPTER 1 INTRODUCTION

Transcription

1 CHAPTER 1 INTRODUCTION 1.1 GENERAL Contempt is an intense feeling or attitude regarding someone or something as inferior, base, or worthless. In law, it is a well known expression and it is similar to scorn or misprision. 1 It is disrespect to the court or the person connected with the courts or legislative body. Thus law of contempt is basically intended to safeguard the interests of administration of justice, which must necessarily be fearless, impartial and upright. In early period man was free to act in any manner as he liked and his will to do an act depended upon the strength of his limbs, strengthened by the use of arms, which he developed day by day. That instinct to prevail over another survives even to this day, both in social life and international spheres. Even today, there is a race to control the world not only by use of weapons, but also by the control of economic conditions. The society was formed by our first ancestors to bring peace, without which no development is possible. If a man is in constant fear of losing his limb, life or livelihood, the creative spirit in him remains dormant. 2 Therefore, it was agreed that individual liberties be curtailed to some extent and disputes between the warring groups be settled by an independent agency. This agency came to be called the King. It was for the King to decide disputes arising between men, who chose him to be King. The King formulated certain guidelines which were termed laws. Every one in the society was expected to act in such a manner 1 2 William Benton, The Encyclopedia Britannica, 15 th edition, Encyclopedia Britannica, Inc., London, 1974, p Iyer s, Law on Contempt of Courts with Law on Contempt of Parliament, State Assemblies and Public Servants, 3 rd edition, Delhi Law House, Delhi, 2004, p

2 so as not to come in conflict with these laws. If there was disobedience to the laws, punishment was awarded for the same. Early the King used to hear the grievances of their subjects personally. Books on ancient Hindu Law describe the elaborate procedure of Courts of justice presided over by the King sitting on his throne with the book of law (Dharma Shastra) in his hand and administering even-handed justice with the assistance of his counselors. Administration of justice was a paramount duty of the English Kings in early times. As late as the reign of Edward IV ( ) the King used to sit on Circuit. 3 As the society expanded, disputes increased in number. It was not possible for the King personally to settle all the disputes. He, therefore, appointed persons to perform his duties. This is how courts came into existence. Most of the disputes were settled by the courts on the basis of guidelines given by the King. Still the King retained his right to hear any dispute himself. 4 Being considered as the fountain head of justice all courts received their judicial sustenance from the Royal source. The history of English Law Courts is the story of the delegation of judicial powers by the King to his council. The exigencies of the times led to the emanation of its various off-shoots, e.g., the Courts of Exchequer, Common Pleas and later on of Common Law. The Curia Regis, the mother of Royal Courts, still retained the residue of justice and gave birth to the Court of Chancery in the fifteenth century, and during the Tudor period to the Court of Star Chamber, Court of Requests and Admiralty. The establishment of the Judicial Committee of the Privy Council, necessitated by the growth of the British possessions overseas, is a much later creation of the reserve power of the King s Council Tek Chand, The Law of Contempt of Court and of Legislature, 2 nd edition, the University Book Agency, Allhabad, 1949, p. 2. Aiyer s, Law on Contempt of Courts with Law on Contempt of Parliament, State Assemblies and Public Servants, 3 rd edition, Delhi Law House, Delhi, 2004, p. 56. Sir William Holdsworth, History of English Law, Sweet and Maxwell, London, 1969, p

3 In this way, the decision given by the courts were the decisions of the King. If the King s authority could not be questioned, then authority of the courts could not be questioned. If the King could not be abused or scandalized, so also the courts could not be abused or scandalized. Just as the proceedings before the King could not be prejudice, or obstructed; similarly the proceedings before the court could also not be prejudice or obstructed. If any one interfered in the administration of justice, he was liable to be punished. It is the genesis of the law of contempt. King s word was law and he could not be disobeyed. If a person was asked to stay, he had to stay. If he was asked to depart, he had to depart. Anyone, howsoever high he may be, punished for disobedience and the punishment had no limits. The condemned man could lose his property, liberty, limbs or even his life. Since the King had the right to punish, he also had the right to pardon. A sincere apology for any lapse could save the man from the wrath of the King. The authority of the King traveled down to Superior Courts. Their word was also final, in the ladder of various stages of the litigation. No one could question the authority of the courts. No one could humiliate the courts or scandalize them and no one could prejudice or obstruct the course of justice and anyone who did all this was punished. 6 The last bulwark of a State is its Courts of Justice. There can be a kingdom without an army but public confidence in the authority of the State cannot remain if there are no Courts of Justice. 7 Ever since the dawn of civilization the Courts of Justice have been surrounded by a halo of solemnity. Law courts have, from time immemorial, been considered as sacred temples where justice is dispensed by their high priests, the judges. Mankind the world over has treated judicial tribunals with a reverence and awe a parallel of which is not to be found in any other secular institution. Men s minds have been 6 7 Aiyer s, Law on Contempt of Courts with Law on Contempt of Parliament, State Assemblies and Public Servants, 3 rd edition, Delhi Law House: Delhi, 2004, p V. G. Ramachandran, The Contempt of Court under the Constitution, 5 th edition, Eastern Book Company: Lucknow, 1983, p.1. 3

4 mesmerized by the Majesty of Law. The power and prestige enjoyed by the judges, the deep respect that is paid to them, the great deference with which their judicial pronouncements are discussed, the reverential mode in which they are addressed, the humility and the submissiveness with which they are approached, the devout supplications in which they are entreated to hear their petitioners prayers are all indicative of the implicit faith that at one time mankind reposed in the divine delegation of their Sovereigns from whom all justice emanated, and whose representatives the judges were. Two reasons may be assigned for this supreme ascendancy of courts of justice. 8 In the first place Decree of Law Courts, on account of their inexorable nature, could not be flouted without serious risk to the victim of judicial displeasure. Not only the decisions of matters momentous to the subject rest with the courts of law, but they also wield power to give effect to their judgments. As protectors of the weak, avengers of the wronged, champions of the oppressed and as arbiters in all disputes between citizen and citizen and also between citizen and the State the authority of the Judges is supreme and they are therefore in a position to command dutiful and prompt obedience. In the second place, according to the time honoured legal fiction, the King who is the ultimate source of all judicial authority is supposed to be present in person in all courts, though he is visible only to the eye of law. The Judge s judicial pronouncements are the utterances of the Sovereign. Whatever orders are passed, they are in the King s name. Blackstone writes in his Commentaries: as by our excellent constitution the sole executive power of the laws is vested in the person of the King, it will follow, that all courts of justice, which are the medium by which he administers the laws, are derived from the power of the Crown. In all these courts the King is supposed in 8 Tek Chand, The Law of Contempt of Court and of Legislature, 2 nd edition, the University Book Agency: Allhabad, 1949, p. 1. 4

5 contemplation of law to be always present, but as that is in fact impossible, he is then represented by his judges whose power is only an emanation of the Royal Prerogative. 9 Long and close association of the law courts with the person of the Sovereign, coupled with extensive authority over subjects of all classes, elevated them to a very high pedestal of power and prestige. Any disrespect shown to a judge is insult offered to the Sovereign for which the wrong-doer must receive severe punishment. In its origin, says Oswald, 10 all legal contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountain-head of law and justice, or against his place, where justice was administered. Free and fare administration of justice depends upon non interference by any authority or organ in that great process. When there is interference by an individual, press or any other organ of the state in the administration of justice, judiciary intervenes as the protector of the rule of law through its contempt power. The basic purpose of the contempt jurisdiction is to provide sanction against any word or conduct which is likely to prejudice or interfere with fair trial. 11 Impartial administration of justice and respect of judiciary depend not only on the non-interference in the judicial process but also on the due execution of the orders of the Court. If the orders of the court can be disobeyed with impunity, the tendency to disobey will receive encouragement. In order to check such tendencies, special provisions have been made in the form of contempt jurisdiction. Rule of Law is the basic rule of governance of any civilized democratic polity. Everyone, whether individually or collectively is unquestionably under the supremacy of law. Whoever the person may Tek Chand, The Law of Contempt of Court and of Legislature, 2 nd edition, the University Book Agency: Allhabad, 1949, p. 2. Oswald James F., Contempt of Court: Committal, Attachment, and Arrest upon Civil Process, Butterworths: London, 1910, p.1. K. Balasankaran Nair, Law of Contempt of Court In India, Atlantic Publishers and Distributers, 2004, P. 3. 5

6 be, however high he or she is, no one is above the law, notwithstanding how powerful and how rich he or she may be. For achieving the establishment of the Rule of Law, the Constitution of India has assigned the special task to the judiciary in the Country. It is only through the courts that the Rule of Law unfolds its contents and establishes its concept. For the judiciary to perform its duties and functions effectively and true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts have to be respected and protected at all costs. After sixty three years of independence, the judiciary in the country is under a constant threat and being endangered from within and without. The need of the time is of restoring confidence amongst the people for the independence of judiciary. Its impartiality and the glory of law has to be maintained, protected and strengthened. The confidence in the Courts of Justice, which the people possess, cannot, in any way, be allowed to tarnished, diminished or wiped out by contumacious behaviour of any person. The only weapon of protecting itself from on the onslaught to the institution is the long hand of contempt of court left in the armoury of judicial repository which, when needed, can reach any neck howsoever high or far away it may be. 12 The Supreme Court of India in re Viney Chandra Mishra, 13 held that the judiciary is not only the guardian of the Rule of Law and the third pillar but in fact the central pillar of a democratic State. If the judiciary is to perform its duties and functions effectively and true to the spirit with which they are sacredly entrusted, the dignity and authority of the courts have to be respected and protected at all costs. Otherwise the very cornerstone of our Constitutional scheme will give way and it will disappear the rule of law and the civilized life in the society Aiyer s, Law on Contempt of Courts with Law on Contempt of Parliament, State Assemblies and Public Servants, 3 rd edition, Delhi Law House, Delhi, 2004, p. 20. (1995) 2 SCC

7 Similarly, in re Arundhati Roy, 14 Apex Court held that the foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice. When the foundation itself is shaken by acts which tend to create disaffection and disrespect for the authority of the court by creating distrust in its working, the edifice of the judicial system gets eroded. The power to punish for contempt anyone who interferes with the administration of justice is an inherent power vested in the judiciary. 15 This may appear to be an arbitrary power, because the role of prosecutor and adjudicator is combined in one person or one body of persons. But it is a necessary power for the protection of the impartial administration of justice to maintain the majesty of law. One of the basic principles of any civilized system of justice is that a person is entitled to fair free trial from prejudice. One purpose of the law of contempt is to provide sanctions against any word or conduct which is likely to prejudice fair trial. There is no unanimity of opinion as to the exact purpose of the law of contempt. Lord President Clyde, 16 Phillimore Committee, 17 and Justice Frankfurter 18 expressed the opinion that the contempt law exists for the maintenance of fundamental supremacy of law. In a democratic society, the three organs of the Government namely the Executive, the Legislature and the Judiciary are expected to perform their functions within their limitations for the benefit of the public. No organ is expected to interfere with the functioning of the other. Though judiciary is entrusted with the function of administration of justice, it cannot claim superiority over other two organs and hence it has to be given all the requirements needed for upholding the majesty of law, particularly when it has neither the power of purse nor the power of the police. So, through contempt (2003) 3 SCC 349. Felix Frankfurter, Power of Congress over Procedure in Criminal Contempts in inferior Federal Courts a Study in Separation of Powers 1924, 37 Harv. L. Rev., p Johnson v. Grant, (1923) SC 789. Report of the Committee on Contempt of Court, 6 (1974). Offut v. U. S. (1954) 348, U.S

8 proceedings, the judiciary performs its function of proper administration of justice and safeguards the Rule of Law. But the contempt jurisdiction which is extraordinary in its character should not be used for the personal protection of judges. This jurisdiction is applied against any authority or person whenever there is any kind of interference in the administration of justice. The judiciary uses the weapon of contempt jurisdiction to maintain the supremacy of law when interference is caused by the executive or the individual or the press AIMS AND OBJECTIVES OF THE STUDY In view of the foregoing discussion, the main object of the present research work is to examine the Law of Contempt from sociolegal angle, both intensively and extensively. The researcher has intended to concentrate on those laws and regulatory framework covering rules and principles which relate primarily to the law of contempt. In this context the researcher in the present work has ventured to:- historically trace the origin and evolution of the Law of Contempt. examine the recognition of this law at international as well as at national level. analyze the relevant provisions of the Constitution of India and other legislations dealing with contempt jurisdiction. critically evaluate the different provisions of the Contempt of Court Act, peruse the Constitutional provisions relating to Legislative privileges vis-a-vis contempt of court. discover the various lacunae in the implementation and enforcement of contempt law. critically examine the judicial approach towards this branch of law. 19 K. Balasankaran Nair, Law of Contempt of Court in India, Atlantic Publishers and Distributers, 2004, P. 9. 8

9 propose amendments in various legal provisions to remove the lacunae, to plug the loopholes and to make it more effective and make suggestions for strengthening the efficacy of existing legal mechanism for this law for achieving the desired results in the changing Indian society. 1.3 SIGNIFICANCE OF THE STUDY The existing legal, political and social scenario requires a comprehensive understanding of Law of Contempt in India. No indepth study of this important branch of law has so far been undertaken. The present study is a humble attempt to ascertain the various nuances of this branch of law and to see as to how this jurisprudence is being applied by the judiciary and legislature to control the individuals and other organs of the state. The study aims to examine the approach and attitude of the judiciary when there is interference with the Administration of Justice and of any action affecting the dignity of the Judges. It also aims at ascertaining the approach of the judiciary in case of disobedience of its orders either by individuals or by administrative authorities including public corporations. The study of the subject is of much practical importance in a democratic society like India where freedom of speech and expression is granted by the Constitution. It is possible that abuse of these freedoms may affect the impartiality and authority of the Court and become detrimental to its dignity. Such abuse is to be checked by the Judiciary by the use of its contempt jurisdiction. This seems to be only way to check the increasing modern tendency to question the power of ally duly appointed authorities. This study is a humble attempt to see as a how this jurisprudence is being applied particularly by the Indian Judiciary to control the individuals and other organs of the state without interfering with fundamental and other legal rights of citizens. On the whole, the study is covering all such aspects which are relevant not only from the research point of view but also from the common man s angle. 9

10 1.4 RESEARCH METHODOLOGY Research is a process in which we gather new facts or present the available facts in a new way. The quality and value of research depends upon the proper and particular methodology adopted for the completion of research work. Legal research is carried on both for discovering new legal facts and verification of the old ones. The study of Law of Contempt requires a well planned research methodology to investigate the divergent aspects of the theme from different angles. This study dealt with doctrinal aspects of the subject. Under doctrinal legal research analysis of case law, arranging, ordering and systematising legal propositions and study of legal institutions through legal reasoning have been done. It was not be possible to rely upon a single approach or method. So both deductive 20 and inductive methods 21 of research have been used 22. Keeping in mind the nature of our research problem, we have use both primary and secondary sources for research purpose. In the study, help of various sources like the verdicts and observations of Courts in India and England as found in Law Reports, Articles in Law Journals, Law Reviews, Standard Book on Law, Statutes, Committee Reports, Constituent Assembly Debates and Parliamentary Debates etc., have been taken. Besides this, all other formal and informal modes have been used to extract information from different quarters of society. The relevant information necessary for its completion has also been gathered from sources available in periodicals, newspapers, magazines, proceedings of the seminars, conferences, and websites etc. keeping in view the need of present research, various cases filed in the Supreme Court as well as in the High Courts on the contempt law and judgments therein have also been used as a source of information. The judgments pronounced in the cases have been Also known as analytical, abstract and apriori method. Also known as historical, empirical and a posseriori method. S.N. Jain, Legal Research and Methodology, N.M. Tripathi Publication, Bombay,

11 analyzed in detail and used as a means of diagnosis to know the basic lacunae arising in the way of enforcement of contempt law. 1.5 REVIEW OF LITERATURE In order to accomplice the present work effectively, there was a need to be familiar with the law dealing with contempt issue. Some research work has already been done on observance of justice in India. The relevant and important work on law relating to contempt has been reviewed as under: The Iyer s Law on Contempt of Courts 23 revived the changes introduced in the topic of contempt of court by discussing the caselaws under the repealed provisions in the light of the changes introduced by the new enactment. This book has ten parts, which deals in detail with the Contempt of Courts Act, 1971, contempt under Indian Penal Code, 1860, Code of Criminal Procedure, 1973, Code of Civil Procedure, 1908, Constitution of India and Administrative Tribunals. It also deals with press and contempt of court. Apart from this there are twenty eight appendices dealing with rules to regulate proceedings for contempt of court, in Supreme Court, various High Courts and Central Administrative Tribunals. Reports of the Sanyal Committee, the Bhargave committee and Phillimore committee have also been discussed. Apart from the commentaries on Contempt of Court Act the book also deals with the contempt of Parliament and State Assemblies which is governed by the Constitution of India. K. Balasankaran Nair s 24 Law of Contempt of Court in India, aims at ascertaining the approach and attitude of the judiciary when there is interference with the administration of justice and of any action affecting the dignity of the judges. It also aims at ascertaining the approach of the Judiciary in case of disobedience of its order either by individuals or by administrative authorities including public corporations and also by the subordinate judiciary. This book has four Iyer, Law on Contempt of Courts, 3 rd edition, Delhi Law House: Delhi, Nair, Balasankaran K., Law of Contempt of Court in India, Atlantic Publishers and Distributors: New Delhi,

12 parts and these are divided into eleven chapters. These chapters deal with historical development of concept of contempt, contempt by the press, contempt under the Contempt of Court Act, Judicial approach is analyzed critically, especially when public speeches and other publications which affect the dignity and authority of the court are made by persons in authority. This book also deals with disobedience of the orders of the higher judiciary by subordinate judiciary and its consequences. The work of Tek Chand, in Law of Contempt of Court and of Legislature 25 is an endeavor to remove a very considerable incomprehension that undoubtedly exists regarding the nature, operation and scope of the law of contempt of court. The case law has been dealt with very appropriately. The chapters on Parliamentary Privileges and its breach, a subject allied to contempt, is indeed very valuable in the present political set up of our country. V. G. Ramachandran and V. R. Gopalan in Contempt of Court under the Constitution 26 have not only confined to the legal position in India but have referred copiously to precedents from England, America and the Colonies. Nor have they overlooked the contempt of Parliament and the State Legislatures in India. The case law and reference to foreign law has necessarily made it a reliable book of reference. The Sanyal Committee report has been extensively quoted at relevant places. The law of contempt vis-a-vis privileges of Parliament has also found some place in this edition. Contempt in the international field has also been touched. The historical background of Contempt Law in John Charle s History of Contempt of Court 27 has made the book not only interesting but also of great value to all persons interested in Parliamentary practice and in maintaining the prestige and dignity of Tek Chand, The Law of Contempt of Court and of Legislature, 2 nd edition, University Book Agency, Law Publishers, Allahabad, Ramachandran, V. G. and Gopalan, V. R., The Contempt of Court under the Constitution, 2 nd editon, Eastern Book Company, Lucknow, John Charles Fox, The History of Contempt of Court, Oxford University Press: New York,

13 Court of Justice. Not only is the fascinating history given by the author in this edition, but the subject has been arranged in a very convenient manner, and all aspects of it have been dealt with separately and comprehensively. In K. J. Aiyar's Law of Contempt of Courts, Legislatures and Public Servents, 28 the spate of contempt cases in recent years indicates clearly a need for preserving the status and dignity of the courts of the country and public servants including the members of the judiciary and legislatures. This book throws light on the intricate subject of contempt of court, Parliament and Legislatures. The book on Constitutional Law of India, 29 written by eminent legal luminary, Dr. Subash C. Kashyap, is a systematic explosion of the provisions of the Constitution. He has intended to constitute an objective and faithful commentary on the text of the Articles of the Constitution without any pre-conceived notions or encumbrances. The emphasis is on the original source of each Article, how it evolved through the different stages of the Constitution-making in the Constituent Assembly and ever since The study spread over two compact volumes, is divided into four parts, viz. (1) Introduction and Background, (2) Provisions of the Constitution and a commentary on their evolution, operation and interpretation, (3) Evaluation, Review and Reforms, and (4) Documents. The significance of this book is that it combines all aspects of the Constitution. The book Law of Wrirts Jurisdiction and its Efficacy 30 is an attempt an attempt to analyses the broad concept of writ jurisdiction as envisaged under Articles 32 and 226 of the Constitution of India. To be more specific, it examines the efficacy of writ jurisdiction being exercised by the High Courts under Article 226 of the Constitution of India. In this book the subject matter has been divided into two broad R P Srivastava, K. J. Aiyar s Law of Contempt of Courts, Legislatures and Public Servents, 9 th edition, LexisNexis ButterWorths: London, Dr. Subash C. Kashyap, Constitutional Law of India, Universal Law Publishing Co. Pvt. Ltd.: New Delhi, Abhe Singh Yadav, Law of Wrirts Jurisdiction and its Efficacy, Universal Law Publishing Co. Pvt. Ltd.: New Delhi,

14 parts. The first part of the book contains an analysis of the broad contours of the writ jurisdiction including various aspects attached to it. The second part deals with the efficacy of writ jurisdiction. The broad conclusions were reached at during the study after a random survey of about one thousand judgments delivered by Punjab and Haryana High Court in admitted civil writ petitions. An attempt has been made to identify and highlights the major trends appearing in the exercise of writ jurisdiction at the level of the High Court and various factors affecting the efficacy of writ jurisdiction have been substantiated with a selective case study to fortify the same. Although the study pertains to a particular High Court, it tends to indicate a general trend. It is followed by some remedial measures suggested at the conclusion of this piece of work. PSA Pillai s Criminal Law 31 has been regarded as a classic text on the Indian Penal Code, 1860, for over five decades. This edition retains the scheme and essential facets of the previous editions. In the light of leading judicial pronouncements and emerging trends in the field, it offers an in-depth analysis of all the substantive offences incorporated in the Indian Penal Code. It also delves into and offers an analysis of the proposals for reform in each of the offences. Though the book is primarily about the substantive law of crime in India, provisions of the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872, are referred to wherever necessary. Written in a simple and lucid style and supported with rich authorities, judicial as well as juristic, this book retained its decades old appeals for all person interested in the field of criminal law. In Dynamic Lawyering, 32 Justice V. R. Krishna Iyer written on each and every aspect of law and beyond, maintaining lucidity and depicting ocean deep knowledge of the subject. His dynamic and enlightened idea on law and contemporary jurisprudence is a path Dr. KL Vibhute, PSA Pillai s Criminal Law, 10 th edition, LexisNexis: Butterworths Wadhwa: Nagpur, Justice V. R. Krishna Iyer, Dynamic Lawyering, Universal Law Publishing Co. Pvt. Ltd.: New Delhi,

15 making course for the present and future judicial system. The collection contains articles on judges, judicial system, Constitutional Law, Democracy, Arbitration, Jurisprudence, Indian and International Socio-Political topics and much more. This bouquet of articles was specially handpicked by the author himself to cater to different flavours of lawyers, laymen and judges in India and abroad. Justice Kapoor s book on Law of Contempt of Court 33 deals with law of contempt in different countries. The law of contempt continues to be developed everyday not only by Indian courts but also by the courts of USA, UK, Australia, Canada and other countries. This single law has a significant role in shaping ordered societies and communities and pacific settlement of disputes and maintaining law and order. This law is in the general interests of public at large as anarchy will set in if the authority and dignity of the courts is imperilled and eroded by an act of disobedience of the orders or undue and unjustificable interference or scandalazing the courts. Apart from discussing the history and genesis of the law of contempt and recognition of summary powers for punishing contempt many other facets have been discussed lucidly and precisely by Justice J.D. Kapoor who is a sitting judge of Delhi High Court. The unholy trinity of disobedience of the orders and directions of the court, undue interference in the administration of justice by varied acts and scandalising the courts by bringing the judicial system or the court or the judge into disrepute or disrespect or offending its dignity or lowering its authority have been discussed and discerned in readable manner. Leading cases of topical interests have been profusely inserted in such a manner so as to minimize the need to search for the facts and law from the law journals. The revised, updated and enlarged eighth edition of Constitutional Law and History of Government of India 34 aims to Kapoor Justice J D, Law of Contempt of Court, Universal Law Publishing Co. Pvt. Ltd.: New Delhi, C.L. Anand, Constitutional Law and History of Government of India, 8 th edition, Universal Law Publishing Co. Pvt. Ltd.: New Delhi,

16 present the sequence of historical developments chronologically and concisely from the grant of the first Charter to the East India Company by the Crown in the year 1600 to the Government of India Act, 1935 with the critical appreciation and commentary thereon. Since our present Constitution which came into force from 26 th January, 1950 is a result of the gradual historical and constitutional evolution and development extending over more than three and half centuries and has besides other sources of inspiration adopted large portion of the 1935 Act, a knowledge of the rationale, background and foundation of these developments is indispensable for a clear appreciation and comprehension of the principles and features of the Constitutional Law on which our Constitution based. This book also contains the text of Constitution of India duly updated as it stands now. Dr. J.N. Barowalia in Commentary on the Right to Information Act 35 has made efforts to present commentary on the Right to Information Act. He has provided a complete code on the subject by explaining each and every provision of the Act with pertinent comments and observations. The law laid down by the Supreme Court on the subject has been incorporated at appropriate places in the book. This book is immensely useful to judges, advocates, voluntary organizations and common men of the country in finding solutions to their question in this field. B.M. Gandhi in Indian Penal Code 36 claims it to be a book presenting the crime in its modem perspectives and an effort to present the law of crimes in context of modern social situations. lnspite of it, the book is a mini volume useful to competitors, police officers and busy lawyers. For this purpose, it incorporates, though in brief some crimes like transsexualism, wife beating and domestic violence, and deals with them to the best advantage of the readers Dr. J.N. Barowalia, Commentary on the Right to Information Act, Universal Law Publishing Co. Pvt. Ltd.: New Delhi, B.M.Gandhi, Indian Penal Code, Eastern Book Company: Lucknow,

17 The book can, for this reason, be said to be different from many others. Arrangement of the subject matter follows the arrangement in the Indian Penal Code itself except that sections pertaining to a particular subject have been grouped together and commented upon. The book is therefore not a section-wise commentary of the I.P.C. This arrangement is easy to grasp and makes understanding of the subject easy. The book can be claimed to be a rational combination of a text book and lawyers commentary and this feature has been rightly claimed as its novel feature. The book mentions large number of decided cases of various high courts and Supreme Court which makes it impressive. Samaraditya Pal in fourth edition of The Law of Contempt 37 examines contempt of Legislatures and Tribunals. The presentation is in divided into four parts. Part-1 deals with the constitutional provisions. Part-2 contains the commentaries on the Contempt of Courts Act, 1971, Part-3 is a brief overview of the contempt powers of the Tribunals and Part-4 traces the elements of contempt jurisdiction of the legislatures. The law of contempt continues to have high contemporary relevance. It plays a vital role in the orderly and fair administration of justice and arms the legislatures to enforce discipline and ensure uninterfered progress of their proceedings. In the ultimate analysis, it is an indispensable aid in the constitutional functioning of our basic democratic institutions. Samaraditya Pal has collated case law not just from India but from all relevant jurisdictions and analysed it with discernment and insight. The chapters on legislative history and genesis of the Contempt of Courts Act, 1971 as well as those on innocent publication and fair reporting of judicial proceedings will be of interest to lay readers as well as practicing lawyers. The discussion on pre-judgement of proceedings is also very interesting especially the thalidomide case where each court took a 37 Samaraditya Pal, The Law of Contempt, 4 th Company: Nagpur, edition, Wadhwa Brothers of Wadhwa and 17

18 different view upon whether the article published by the Sunday Times amounted to contempt. The author has explained the principles underlying the statutory provisions as judicially explained in the leading cases and the application of those principles in other illustrative cases. The author has quoted extensively from many judgments of the leading cases, and culled the principles that are laid down. The historical background has been also given in the Appendix of the book. The exhaustive commentary of the Contempt of Courts Act as made by Pal has touched on various aspects of the offence of contempt. Although the book is smaller in size than any other book, it is the best book in recent times on the subject. Samaraditya has shown how to explain a complicated topic of law in simple and easy style. The Textbook on the Code of Civil Procedure 38 presents the accurate exposition of the statutory provisions and complicated provisions of Civil Procedure Code in a facile manner with the help of leading cases, illustrations and decisions of the Supreme Court as well as various high Courts. Different amendments made in the year 1976, 1999 and 2002 have been incorporated in appropriate areas. Moreover, impact of limitation on civil suit and advantages of Lok Adalat have also been interested to enhance the qualitative value of the book. A large number of decided cases have been included in the book in a simple and lucid manner, so that students of law and aspirants of various competitive examinations can easily understand the convoluted and complicated questions of law. In Contempt of Court 39 a profound and fascinating book, the author Mark Curriden s revisit an overlooked Supreme Court decision that changed forever how justice is carried out in the United States. In 1906, Ed Johnson was the innocnet black man found guilty of the brutal rape of Nevada Taylor, a white woman, and sentenced to die in Chattanooga, Tennessee. Two black lawyers, not even part of the Sukumar Ray, Textbook on the Code of Civil Procedure, Universal Law Publishing Co. Pvt. Ltd.: New Delhi, Mark Curriden, Contempt of Court, Barnes and Noble: America,

19 original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, has never been fully explained. Provocative, thorough, and gripping, the book Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law. The book Natural Justice, Judicial Review and Administrative Law 40 explains the extent, limit and content of the power of an executive authority which has to be exercised judicially, fairly, justly, and according to the rule of laws, i.e. rule of reason, rule against arbitrariness and discrimination, rules of fair play and natural justice. it explains such concepts are judicial reviews, jurisdiction, discretionary powers, and doctrines such as natural justice, legitimate expectation, promissory estoppels and burden of proof with the help of the decisions of the Indian and foreign courts. This is done by taking income-tax statute as the base. The Mulla's Code of Civil Procedure 41 presents in a convenient compass the niceties of the most developed branch of Indian Law. Even the busiest practitioner cannot afford to be without this book and for the young lawyer it is a must. The present edition maintains the quality and level of the previous editions. It is a lucid and concise exposition of the provisions of the Code of Civil Procedure and takes into account the amendments introduced in the Code of Civil Procedure by the Amending Acts of 1999 and Further, latest developments in case law have been incorporated at relevant places. The book serves as an accurate and concise guide to Indian procedural law and is an indispensable tool for students, practitioners and the judiciary D.P. Mittal, Natural Justice, Judicial Review and Administrative Law, Taxmann: Delhi, Viney Kumar Gupta, Mulla's Code of Civil Procedure, 14 th edition, Eastern Book Company: Lucknow,

20 The book Administrative Law 42 by I.P. Massey summarises all the aspects of Indian administrative law spread over fourteen chapters each having a set of propositions, bibliography, and cross-references of cases cited which provide the reader with an insight on the subject. It covers all aspects and dimensions in the light of latest developments in this field including the concept and concerns of global administrative law. Ratanlal and Dhirajlal's The Code of Criminal Procedure 43 is the most original, authentic, dependable and brilliant work having a profound impact on its vast readership that covers judges, lawyers, police officers, administrators, law teachers and academicians, students, research scholars and in fact every one who is in any way concerned with the administration of Criminal Law and Justice in this country. While time has always beaten men and matter, this gem of a classic has literally scored over it and lives today to immortalise its authors. This book has been thoroughly revised in the light of all statutory amendments including drastic changes made by the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) and the Criminal Law (Amendment) Act, 2005 (2 of 2006) as majorly enforced from June 2006 and plethora of cases that have emerged during the last 5 years. So also, the entire impact of drastic changes brought out in the Criminal Law by the passage of the said two Amendment Acts of 2005 in the Code of Criminal Procedure, 1973 have been absorbed wherever required and discussed at length with original comments in this revised work. State Amendments have been incorporated under appropriate sections in the body of the book. This glorious work of the celebrated authors in its present edition, will find ready and wholehearted acceptance. The superb Digest Supreme Court on Contempt of Court 44 is the most authoritative and up to date on the subject of contempt, covering the complete case law on Contempt of Court, laid down by I.P. Massey, Administrative Law, 7 th edition, Eastern Book Company: Lucknow, Ratanlal and Dhirajlal, The Code of Criminal Procedure, 18 th edition, LexisNexis ButterWorths: New Delhi, Surendra Malik and Sudeep Malik, Supreme Court on Contempt of Court, Eastern Book Company: Lucknow,

21 the Supreme Court since 1950 to date. It has been designed particularly to meet your needs, firstly by making the access to the case-law more intuitive and rational by following a topic-wise approach and secondly by also providing a unique system for exhaustive section-wise research via the Contempt of Courts Act, A major reworking and re-analysis of the case law has been done, and the material recast topic-wise with a comprehensive classification. Topic headings and synopses have been frequently added to enable quick reference. Table of Cases Digested, Date of decision, Quick Guides, Coram details, Annotations under digest notes are other useful and unique features which makes this an indispensable work. Additionally, the work provides the complete text of the Contempt of Court Act, There are some more works apart from above mentioned i.e., Subba Rao s Commentary on Contempt of Court Act, and Ashok Desai s Law of Contempt : An Exhaustive Commentary on the Contempt of Courts Act, , etc., which deal in detail with different facets of contempt of court, Parliament and State Assemblies etc. Besides this there is a catena of articles, research papers and decided cases of Supreme Court and High Courts in which different aspects of this branch of law have been judicially examined. 1.6 CHAPTER SCHEME OF THE STUDY This study has been divided into seven chapters and the chapter scheme of the study is given below:- CHAPTER I: INTRODUCTION The first chapter of research work that is an introductory one gives a brief exposure of the importance of the contempt law in India. Besides the aims and objectives, significance of study, methodology, Subba Rao G.C.V., Commentary on Contempt of Court Act, 1971, Universal Law Publishing: Delhi, Desai, Ashok A, Law of Contempt : An Exhaustive Commentary on the Contempt of Courts Act, 1971, Modern Law House: Allahabad,

22 review of literature and scheme of study has been covered under the chapter. CHAPTER II: CONCEPT AND GENESIS OF CONTEMPT LAW The second chapter of research work deals with the historical aspect of law of contempt. In this chapter an attempt has been made to discuss in detail the statutory provisions concerning contempt of court in different legal systems of the world particularly England, America, Canada, India etc. In England the law of contempt identified two types of contempt, civil and criminal. Civil contempt provides for punishment of a person who refused to comply with the orders of a court. Criminal contempt is considered as misdemeanour on indictment. In America contempt in general had been considered as disregard of or disobedience to the rules or orders of a legislative body or a judicial body, or an interruption of its proceedings by disorderly behaviour or insolent language, in its presence or so near thereto as to disturb the proceedings or to impair the respect due to such a body. In Canada contempt can be either in the face of the court (in facie), or not in the face of the court (ex facie), and it can be criminal or civil. CHAPTER III: CONSTITUTIONAL PERSPECTIVE OF CONTEMPT IN INDIA The third chapter of research work adverts in detail to the Constitutional aspects of contempt of court and in this chapter discussion of Constitutional provisions relating to contempt of court has been made. Born and brought up in the Common Law jurisprudence, migrated into Indian jurisprudence by creation of different Courts of Record through various Charters Indian Constitution has recognized and accepted this extraordinary jurisdiction to punish a person, for contempt by recognizing the Supreme Court under Article 129 of the Constitution of India and High Court under Article 215 of the Constitution of India as Courts of Record. Article 19 of the Constitution of India, conferred the invaluable rights of freedom of speech and expression to the citizens. This 22

23 freedom is not absolute and can be restricted, inter-alia, on the ground of contempt of court under Article 19 (2) of the Constitution of India. Article 142 vests power in the apex court to pass such decree and order as is necessary for doing complete justice in any cause or matter pending before it. Several judicial pronouncements of the Supreme Court under Article 142 have been examined in detail. CHAPTER IV: THE CONTEMPT OF COURTS ACT, 1971: A CRITIQUE The fourth chapter deals in detailed with the provisions of the Contempt of Courts Act, On the basis of H. N. Sanyal Committee s recommendations a comprehensive legislation the Contempt of Courts Act, 1971 was passed. This Chapter is a humble attempt to ascertain the various nuances of this branch of law and to see as to how this jurisprudence is being applied by the judiciary to control the individuals and other organs of the State. The concept of criminal contempt which includes prejudicing fair trial or interference with the administration of justice or scandlising the court has been analysed in relation to the rights of individuals and also that of the press. The concept of civil contempt which includes disobedience to the orders of the court or breach of an undertaking has been analysed in relation to administrative authorities and corporations, individuals and subordinate judiciary. CHAPTER V: LAW ON CONTEMPT UNDER OTHER STATUTORY PROVISIONS In this chapter an attempt has been made to thoroughly discuss different Statutes directly dealing with law of contempt. Apart from the Contempt of Courts Act, 1971, some other important Statutes which provide for punishing contempt of judicial officers and other public servants are as under:- (a) The Indian Penal Code, Sections 172 to 190 and sections 224 to 228 of the Indian Penal Code, 1860 provides that whenever any person does any act which interferes in the administration of Justice, he is liable to be punished. 23

24 (b) The Code of Criminal Procedure, The procedure for trial of contempt of court cases is given in sections 195, 197, 340 to 352 and 482 of the Code of Criminal Procedure, (c) The Code of Civil Procedure, The law relating to civil contempt is covered by sections 135, 135-A, 136 and 151 of the Code of Civil Procedure and some cases are also passed under Order XVI, Rule 10, 11 and 12; Order XXI Rule 30, 31 and 32; Order XXXIX, Rule 1 to 10 and Order XL, Rule 1 of the Code of Civil Procedure. (d) Contempt of the House of the Representatives of the People. When the rights and immunities, both of the members individually, and of the assembly in its collective capacity, which are known by the general name of privileges 47, are disregarded or attacked by any individual or authority, the offence is called a breach of privilege, and is punishable under the law of Parliament. Such action, though often called breach of privilege are more properly distinguished as contempt. 48 (e) The Administrative Tribunals Act, Section 17 of the Administrative Tribunals Act, 1985, empowers the Tribunal with powers to punish for contempt of itself, as a High Court has and may exercise for this purpose in the provisions of the Contempt of Courts Act, In this chapter different facets of the relevant provisions of the above said laws have been examined in detail. CHAPTER VI: JUDICIAL ATTITUDE TOWARDS LAW OF CONTEMPT IN INDIA The sixth chapter deals with attitude of judiciary concerning contempt by general public, by and against lawyers, contempt by politicians, by government servants, contempt against and by judges Articles 105 and 194 of the Constitution of India, Iyer s, Law on Contempt of Courts with Law on Contempt of Parliament, State Assemblies and Public Servants, 3 rd ed., Delhi Law House, Delhi, 2004, p