Key Terms & Concepts — UPSC Mains
Contempt of Court
"The power of courts to punish acts that obstruct justice administration or scandalise judicial authority, governed by the Contempt of Courts Act, 1971"
Contempt of court is the legal power of superior courts to punish acts that either wilfully disobey court orders (civil contempt) or scandalise, lower, or obstruct the administration of justice (criminal contempt). In India, the power derives from Article 129 (Supreme Court as court of record with contempt power) and Article 215 (High Courts as courts of record). The Contempt of Courts Act, 1971, codifies two categories: civil contempt under Section 2(b) — wilful disobedience of court orders; and criminal contempt under Section 2(c) — publication or act that scandalises or lowers judicial authority. A 2006 Amendment introduced truth as a valid defence for criminal contempt if the publication is in public interest and made in good faith. The Law Commission's 274th Report (2018) recommended abolishing criminal contempt for scandalising the court.
A perennial UPSC topic for Prelims and GS-2 Mains (Judiciary). UPSC tests the constitutional basis (Articles 129, 215), statutory provisions (Contempt of Courts Act 1971), the 2006 Amendment (truth as defence), and landmark cases like Prashant Bhushan (2020). The concept intersects with freedom of speech (Article 19), separation of powers, and judicial accountability.
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In the February 2026 NCERT textbook controversy, the Supreme Court invoked criminal contempt under Section 2(c) against a Class VIII social science chapter discussing judicial corruption — ordering a blanket ban and barring three authors from government-funded work.
