Article 215 of the Indian Constitution is a fundamental provision that defines the nature and authority of the High Courts in India. It bestows upon each High Court the status of a “court of record,” a designation that carries significant implications for its powers and standing within the judicial hierarchy. This status is crucial for maintaining the dignity, authority, and effectiveness of the High Courts.
This article ensures that the proceedings and decisions of the High Courts are preserved permanently and are accepted as authentic legal evidence. Furthermore, it explicitly grants the High Courts the inherent power to punish individuals or entities for contempt, an essential tool for upholding the rule of law and ensuring respect for judicial pronouncements.
Original Text
Every High 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 215 states unequivocally that every High Court established in India holds the status of a “court of record.” This designation implies two primary characteristics and powers:
- Proceedings and judgments are permanently recorded: The decisions, judgments, and proceedings of a court of record are preserved in perpetuity. These records serve as historical precedents and are considered to have high evidentiary value. Their accuracy cannot ordinarily be questioned in any subordinate court. This ensures certainty and consistency in law.
- Power to punish for contempt: A court of record possesses the inherent power to punish individuals or entities for ‘contempt of court’. This power is essential for safeguarding the dignity and authority of the court, ensuring the due administration of justice, and compelling obedience to its orders. Contempt can manifest in various forms, such as disrespect towards the judge, obstruction of justice, or wilful disobedience of court orders. Article 215 explicitly includes this power within the ambit of a High Court’s authority as a court of record.
The phrase “shall have all the powers of such a court” signifies that the High Courts inherit all the customary powers traditionally associated with a court of record under the common law system, of which the power to punish for contempt is a prominent example. This power is not exhaustive but represents the core capabilities derived from this status.
Detailed Notes
- Status: Declares that every High Court in India is a Court of Record.
- Meaning of Court of Record:
- Its acts and proceedings are recorded and preserved for perpetual memory and testimony.
- These records have evidentiary value and are not ordinarily questioned in any court.
- Powers of a Court of Record:
- Possesses all the powers traditionally associated with this status.
- Explicitly includes the power to punish for contempt of itself.
- Contempt of Court:
- Refers to conduct that obstructs or interferes with the administration of justice or lowers the authority and dignity of the court.
- Can be civil (wilful disobedience of judgment, decree, direction, order, writ, or other process of a court or wilful breach of an undertaking given to a court) or criminal (publication of any matter or doing any other act which Scandalises or lowers the authority of any court; Prejudices or interferes with the due course of any judicial proceeding; Interferes with or obstructs the administration of justice).
- The power under Article 215 is a constitutional power, independent of statutory provisions like the Contempt of Courts Act, 1971, although the Act provides the procedure for exercising this power.
- Significance:
- Ensures the dignity and authority of the High Courts.
- Provides a mechanism to enforce obedience to court orders and prevent interference with the judicial process.
- Records serve as valuable precedents for subordinate courts within the High Court’s jurisdiction.
- Jurisdiction: The High Court’s power to punish for contempt extends not only to contempt committed in its own presence or with respect to its own orders but generally includes contempt of subordinate courts within its jurisdiction as well, although this specific power is primarily derived from the Contempt of Courts Act, 1971, supplementing the constitutional power.
- Comparison with Supreme Court: Article 129 of the Constitution bestows a similar status and power upon the Supreme Court of India, making it a Court of Record. The powers are analogous for both the apex court and the High Courts.
- Limits on Power: While powerful, the power to punish for contempt is to be exercised sparingly and with caution, primarily to uphold the majesty of law and not out of any personal pique or sensitivity of the judges.
Additional Comments
- The concept of a “court of record” originated in English common law, signifying a court whose proceedings were enrolled on parchment and whose records were conclusive evidence of what was decided.
- The power to punish for contempt is a crucial tool for maintaining the independence of the judiciary and ensuring that its orders are effective.
- The Contempt of Courts Act, 1971, defines contempt and outlines the procedure for investigation and punishment, working in conjunction with the constitutional power granted by Article 215 (and Article 129 for the Supreme Court).
- The power under Article 215 is inherent and cannot be taken away or limited by ordinary legislation, although the procedure for its exercise can be regulated by law.
- The inclusion of this specific power within the constitutional text highlights its importance in the scheme of judicial administration in India.
Summary
Article 215 of the Indian Constitution establishes each High Court as a court of record, meaning its proceedings and judgments are permanently documented and accepted as legal evidence. This status inherently grants High Courts the power to punish for contempt of themselves, a vital authority for preserving their dignity, ensuring compliance with their directives, and facilitating the effective administration of justice. This constitutional provision underscores the significant position of High Courts within India’s judicial framework, analogous to the status conferred upon the Supreme Court by Article 129.