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1 GS Video Contempt of Court and Justice Karnan Case Watch full video here: Get in Touch with Tapasvi IAS To Get free Study Material on WhatsApp Save our Number as Tapasvi IAS & Send us your Name and Details. Join our Telegram Channel and turn on your notification for daily updates and monthly PDFs. Join Now Visit and Subscribe our Channel for daily free videos. Subscribe Now To get IAS 8 Subject Full Course share your details with your mobile number and location on info@upsciasexams.com Visit our Website and stay connected for daily updates

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5 WHY IN NEWS Justice C.S.Karnan did not appear before the Supreme Court (SC) in a contempt case against him. The Supreme Court sentenced Justice C.S.Karnan to six months for contempt.

6 WHAT IS THE ISSUE Judge CS Karnan has on muktiple occasions stated that he was a victim of caste bias as he was a Dalit and had accused the Madras HC chief justice of harassing him. Subsequently when he was transferred, Karnan himself "stayed" the order of the SC, advising the CJI not to interfere in his "jurisdiction He later accepted his transfer. He also wrote to the PM, the law minister and the CJI, accusing several sitting and retired judges of corruption. This action had prompted the court to issue a contempt notice for alleged judicial indiscipline. This is the first time that a constitutional court has initiated contempt of court proceedings against a judge of the SC or HC. The SC asked Justice CS Karnan to appear before it in person for explanation. But the Judge chose not to appear before the SC.

7 CONSTITUTIONAL PROVISIONS Contempt of court - Article 129 and Article 215 empowers the Supreme Court and the High Courts respectively, to punish people for their contempt. Article 129, states that The Supreme Court shall e a ourt or record and shall have all the powers of such a court including the power to punish for contempt of itself. The power of contempt is often invoked to ensure compliance with the orders given by the courts and in their execution, and for punishing those who are responsible for the lapses in the manner of compliance. Contempt jurisdiction is exercised to uphold the dignity of the judicial system which includes within itself the dignity of courts and tribunals as well and to ensure the majesty of judicial institutions so that it may not be lowered.

8 Removal of Judge- A judge of a high court can be removed in the same manner and on the same grounds as a judge of the Supreme Court as mentioned in Article 124 i.e by an order of the President. The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament i.e., a majority of the total membership of that House and majority of not less than two-thirds of the members of that House present and voting. The grounds of removal are proved misbehavior or incapacity. Transfer of Judges According to Article 222, The President can transfer a judge from one high court to another after consulting the CJI.

9 The CJI should consult, in addition to the collegiums of four senior most judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is being transferred and the other receiving him). The Supreme Court also ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest and not by way of punishment. The transfer of judges is subjected to judicial review but only the judge who is transferred can challenge it.

10 In-house Procedure The Supreme Court on December 15, 1999 adopted the Report of the Committee on In-House Procedure to take suitable remedial action against erring judges. This procedure was created to deal with allegations against a judge pertaining to the discharge of his judicial functions. In Justice Karnan s case, this in-house procedure appears not to have been resorted to. The in-house procedure provides for the CJI to advise a judge to resign or seek voluntary retirement. If the judge does not resign or retire, the chief justice (of the high court) can be advised not to allocate any judicial work, and the matter brought to the notice of the president and prime minister.

11 TYPES OF CONTEMPT 1. CRIMINAL CONTEMPTC 1. CIVIL CONTEMPTC I. Publication of any matter or the doing of any other act whatsoever which I. Willful disobedience to any judgment, decree, direction, order, writ or other process of a court

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