Article 129 of the Indian Constitution is a pivotal provision that defines the fundamental nature and authority of the Supreme Court of India. It declares the Supreme Court to be a “court of record,” a designation with significant historical and legal implications. This status bestows upon the apex court certain inherent powers essential for the effective discharge of its judicial functions and maintenance of its dignity and authority.
The article ensures that the Supreme Court’s decisions and proceedings are preserved permanently and accepted as authoritative, while also granting it the crucial power to punish those who undermine its authority or obstruct the course of justice.
Original Text
Article 129 of the Constitution of India reads:
129. 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.
Detailed Explanation
Article 129 comprises two main aspects regarding the Supreme Court: its status as a court of record and the powers associated with this status, specifically the power to punish for contempt.
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Supreme Court as a Court of Record:
- The term “court of record” is derived from English common law. In essence, it means a court whose acts and proceedings are enrolled for perpetual memory and testimony.
- The records of such a court are deemed to be of such high authority that their truth cannot be questioned in any subordinate court. They are treated as conclusive evidence of what they purport to record.
- This ensures the reliability, authenticity, and evidentiary value of the Supreme Court’s judgments, orders, and proceedings. These records serve as precedents and are binding on lower courts (as per Article 141) and are referred to for legal certainty and consistency.
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Powers of a Court of Record, including Contempt Power:
- Being a court of record inherently grants the Supreme Court certain powers. Article 129 explicitly mentions the power to punish for contempt of itself as an example, but it is not exhaustive of all powers of a court of record.
- Power to Punish for Contempt: This is the most significant power explicitly mentioned. Contempt of court refers to conduct that defies, disrespects, or insults the authority of the court, or otherwise interferes with the administration of justice.
- Source of Power: This power is inherent in Article 129 itself, making it a constitutional power. The Contempt of Courts Act, 1971, elaborates on and regulates this power, defining different types of contempt and procedures, but does not create the power itself.
- Types of Contempt: The Contempt of Courts Act, 1971 categorizes contempt into:
- Civil Contempt: Willful disobedience to any judgment, decree, direction, order, writ, or other process of a court, or willful breach of an undertaking given to a court.
- Criminal Contempt: The publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which—
- scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
- prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
- interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
- Scope of Contempt Power: The Supreme Court’s power extends to punishing for contempt of:
- Itself (expressly mentioned in Article 129).
- High Courts and subordinate courts. While Article 215 grants High Courts the power to punish for contempt of themselves and subordinate courts, the Supreme Court, as the apex court and having supervisory jurisdiction, can also entertain petitions for contempt of High Courts or subordinate courts, particularly if the High Court fails to act or if the matter involves a question of general importance or affects the administration of justice across the country. (Refer case like Delhi Judicial Service Association vs. State of Gujarat).
- Purpose: The power to punish for contempt is essential to uphold the dignity, authority, and integrity of the judiciary and to ensure the smooth and effective administration of justice. It is not intended to protect the personal dignity of the judges but the institution of the court.
- Limitations: This power is subject to judicial review, though the scope may be limited. Furthermore, the Contempt of Courts Act, 1971, provides certain defenses, such as innocent publication, fair and accurate report of judicial proceedings, fair criticism of judicial act, and truth if it is in public interest (added by amendment in 2006). The power must be exercised judiciously and not arbitrarily. It must also be balanced against the fundamental right to freedom of speech and expression (Article 19(1)(a)).
Detailed Notes
- Article 129 declares the Supreme Court of India to be a “court of record”.
- Court of Record means:
- Its acts and proceedings are recorded and preserved permanently.
- These records have high evidentiary value.
- Their accuracy cannot be questioned in lower courts.
- They serve as authoritative legal precedents.
- The article grants the Supreme Court “all the powers of such a court”.
- This includes, but is not limited to, the power to punish for contempt of itself.
- Power to Punish for Contempt:
- Source: Inherent constitutional power derived directly from Article 129.
- Purpose: To protect judicial dignity, maintain authority, and ensure the administration of justice.
- Types (as per Contempt of Courts Act, 1971):
- Civil Contempt: Willful disobedience of court orders/undertakings.
- Criminal Contempt: Scandalizing the court, interfering with judicial proceedings, or obstructing justice.
- Scope: Extends to contempt of the Supreme Court itself, High Courts, and subordinate courts.
- Regulation: Elaborated and regulated by the Contempt of Courts Act, 1971.
- Limitations: Subject to judicial review, must be exercised judiciously, requires balancing with fundamental rights (like Article 19(1)(a)).
- Defenses (under Contempt of Courts Act, 1971): Innocent publication, fair reporting, fair criticism, truth (in public interest).
- The status of court of record ensures the public faith and confidence in the judiciary.
- Decisions of the Supreme Court, by virtue of this status and Article 141, are binding on all courts in India.
Additional Comments
- Article 129 is mirrored by Article 215 for High Courts, which also designates them as courts of record with the power to punish for contempt of themselves.
- The power under Article 129 is distinct from the power granted under Article 142(2), which also deals with investigation and punishment for contempt, but Article 129 is the foundational source of the contempt power for the Supreme Court as a court of record.
- The Supreme Court’s power to punish for contempt of lower courts is an extension of its plenary power under Article 142 or inherent power derived from its position as the apex court supervising the administration of justice across the country.
- The use of contempt power often involves a delicate balance between protecting the judiciary’s integrity and upholding freedom of speech and expression, a balance the Supreme Court has addressed in numerous judgments.
Summary
Article 129 designates the Supreme Court of India as a court of record. This status ensures that the Supreme Court’s proceedings and judgments are permanently documented and accepted as authoritative evidence, serving as binding precedents. Crucially, it bestows upon the Supreme Court the inherent power to punish individuals for contempt of itself, a power vital for maintaining its dignity, authority, and ensuring the effective administration of justice throughout the country. This constitutional provision, along with the Contempt of Courts Act, 1971, protects the judiciary from unwarranted interference and disrespect.