Q: Delineate ' Court of Record ' and ' Contempt of Court ' of Supreme Court ?

Ans: According to Article 129 of Indian Constitution,  the Supreme Court to be a court of record. The Supreme Court shall be a court of record and shall have all the powers of such a court  including the power to punish for contempt of itself.

There are two parts in Article 129 of Indian Constitution i.e., court of record and contempt of court.

The first part mentions that the judgements, proceedings and acts of Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and can not be questioned when produced before any court. They are recognised as legal precedents and legal references.

The Supreme Court has the Second Power of contempt of court.

It has the power to punish for contempt of court , either with simple imprisonment for a term upto six months or with fine upto Rs 2000 or with both. In 1991, the Supreme Court has ruled that it has the power to punish for contempt not only of itself but also of high courts  subordinate courts and tribunals functioning in the entire country.

Contempt of court may be civil or criminal:
Civil Contemt means wilful disobedience to any judgment, order , writ or other process of court or wilful breach of an undertaking given to a court.

Criminal contempt means the publication of any matter  or doing an act which:

1. Scandalises or lower the authority of court .

2. Prejudices or interferes with the due course of judicial proceeding.

3. Interferes or obstructs the administration of justice in any manner.

Innocent Publication and distribution of some matter , fair and accurate report of Judicial Proceedings,  fair and reasonable criticism of Judicial acts and comment on the administrative side of judiciary do not amount to contempt of court.

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