Arguments for relook

♤ It goes against the fundamental right of Free Speech and Expression.

♤ In a democracy, judicial accountability is also required. For example, terming FIR against a sitting judge as contempt of court raises the question of its accountability.

♤ The grounds, on which contempt proceedings can be initiated such as ‘scandalizing

the court’, are open ended and vague which are prone to misuse.

♤ In UK as well, the offence of ‘scandalizing the court’ as a ground for criminal

contempt has been abolished in 2013.

Law of contempt of court, along with other laws, like sedition, is a remnant of our colonial past, enacted to curtail public scrutiny. A mature approach to criticism will inspire public confidence in judiciary. These laws should be examined to refine the broad provisions prone to misuse. Further, care should be taken that dilution of the Act does not interfere with independent functioning of judicial system in India.

6. “The process of justice delivery in India has become a punishment in itself”. In reference to the above, examine the causes for a large number of under trials in the country. Do you think Supreme Court’s recent directive on Section 436A of CrPC would be able to address the issue?Answer:7. Article 145(3) of the Indian Constitution says that any “substantial question of law” relating to the interpretation of the Constitution must be heard by benches of at least five judges. But some of the most important constitutional cases, like Salwa Judum and Naz foundation, were decided by smaller benches. Why is there a need for larger benches? What are the possible reasons for smaller benches hearing such important cases?Answer:8. While Public Interest Litigations have provided access to justice for the poor and the marginalized sections of the society but many vested interests have also misused it. In this context, examine the utility of PILs as a tool of social justice.Answer:9. While it has been argued that the judiciary should be brought under RTI, a balance also needs to be maintained between independence of the judiciary and the right of people to know. In this context, discuss the pros and cons of bringing the judiciary under the ambit of RTI.Answer:10. Criticism about the judiciary should be welcomed, so long as criticisms do not hamper the “administration of justice”. In this context discuss whether the power of contempt of court given to the higher judiciary limits the freedom granted by Article 19(1)(a) and whether these two can be reconciled.Answer: