Print Friendly, PDF & Email

Discuss the concept of Contempt of Court. Explain in detail its different forms and also the rationale behind the provision.

Topic : Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

4. Discuss the concept of Contempt of Court. Explain in detail its different forms and also the rationale behind the provision. (250 words)

Reference: The Hindu 

Why the question:

The editorial talks about the rational for the provision for “contempt of court” and goes on to discuss if the judicial institutions need protection.

Key Demand of the question:

The question is premised on the concept of contempt of court, its different forms and the rationale behind it.

Directive:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Start with the case – Contempt proceedings have been initiated by the Supreme Court of India, on its own motion, against advocate-activist Prashant Bhushan.

Body:

Explain the concept- Contempt of court, is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court. Contempt of court, as a concept, seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.

Discuss the origin of the concept, its constitutionality/ statutory basis, its different kinds.

Conclusion:

Conclude by asserting the rationale behind the provision.