TOPIC : GS 2 Indian Judiciary and Governance
High Court of Delhi has not initiated any contempt of court proceedings against Central government officials while responding to the Centre’s fresh application to modify the contempt portion on its May 1 order.
What is the news?S
Delhi is facing worst crises of oxygen deficiency to fight the Pandemic.
What is Contempt of Court?
The expression ‘contempt of court’ has not been defined by the Constitution. As per the Contempt of Courts
Act 1971, contempt refers to the offence of showing disrespect to the dignity or authority of a court. The act divides contempt into civil and criminal contempt.
• Civil contempt
It is wilful disobedience to any judgment, decree, direction, order, writ or other processes of a court or wilful breach of an undertaking given to the court.
• Criminal contempt
It is any publication which may result in:
1. Scandalising the court by lowering its authority.
2. Interference in the due course of a judicial proceeding.
3. An obstruction in the administration of justice.
Constitutional Provisions
• Article 129: Grants Supreme Court the power to punish for contempt of itself.
• Article 142(2): Enables the Supreme Court to investigate and punish any person for its contempt.
• Article 215: Grants every High Court the power to punish for contempt of itself.
Arguments in favour
• Concept of contempt exists to insulate the institution from unfair attacks and prevent a sudden fall in the judiciary’s reputation in the public eye.
• Provision of contempt safeguards the interests of the public, if the authority of the Court is denigrated and public confidence in the administration of justice is weakened or eroded.
• Contempt power is needed to punish wilful disobedience to court orders (civil contempt), as well as interference in the administration of justice and overt threats to judges.
Arguments against
The definition of criminal contempt in India is extremely wide and can be easily invoked. Justice V.R. Krishna Ayer famously termed the law of contempt as having a vague and wandering jurisdiction, with uncertain boundaries.
• Contempt law, regardless of public good, may unwittingly trample upon civil liberties.
• A law for criminal contempt is completely asynchronous with our democratic system which recognises freedom of speech and expression as a fundamental right.
• Surely, any efforts to artificially prevent free speech will only exacerbate the situation further. As was pointed out in the landmark U.S. case of Bridges v. California (1941), “an enforced silence would probably engender resentment, suspicion, and contempt for the bench, not the respect it seeks”.
• An excessively loose use of the test of ‘loss of public confidence’, combined with a liberal exercise of suo motu powers, can be dangerous, for it can amount to the Court signalling that it will not suffer any kind of critical commentary.
• In an era in which social media are full of critics, commentators and observers who deem it necessary to air their views in many unrestrained and uninhibited ways, the higher judiciary should not really be expending its time and energy invoking its power to punish for contempt of itself.
• It has been recognised by jurists that each time the offence of ‘scandalising’ the court or lowering the court’s authority is invoked, some tend to believe that the court has something to hide.
• The Court’s international institutional standing will be lowered if it takes up this case in this manner at this time.
Need to review the contempt law in India
• In contemporary times, it is more important that courts are seen to be concerned about accountability, that allegations are scotched by impartial probes rather than threats of contempt action, and processes are transparent.
• The test for contempt needs to be evaluated. If such a test ought to exist at all, it should be whether the contemptuous remarks in question obstruct the Court from functioning. It should not be allowed to be used as a means to prevent any and all criticism of an institution. Canada ties its for contempt to real, substantial, and immediate dangers to the administration
• Unfortunately, in a system in which judges are not expected to disclose the reason for recusing themselves, and even charges of sexual harassment are not credibly investigated, it is only the fear of scandalising the judiciary that restrains much of the media and the public from a more rigorous examination of the functioning of the judiciary.
Mains question
What is contempt of Court ? Discuss its impliacation in judiciary in system
Sources: https://www.thehindu.com/news/cities/Delhi/supply-490-mt-oxygen-to-delhi-today-or-face-contempt-hc-to-centre/article34457413.ece
PRELIMS PUNCHERS
1.Nathula pass
It is a mountain pass in the Himalayas in East Sikkim district. It connects the Indian state of Sikkim with China’s Tibet Autonomous Region. The pass, at above mean sea leve lforms a part of an offshoot of the ancient Tea Horse Road. Nathu means “listening ears” and La means “pass” in Tibetan.On the Indian side, the pass is 54 km east of Gangtok, the capital of Sikkim. Only citizens of India can visit the pass, and then only after obtaining a permit in Gangtok.
Nathu La is one of the three open trading border posts between China and India the others are Shipkila in Himachal Pradesh and Lipulekh (or Lipulech) at the trisection point of Uttarakhand–India, Nepal and China Sealed by India after the 1962 Sino-Indian War, Nathu La was re-opened in 2006 following numerous bilateral trade agreements. The opening of the pass shortens the travel distance to important Hindu and Buddhist pilgrimage sites in the region and was expected to bolster the economy of the region by playing a key role in the growing Sino-Indian trade.It is also one of the five officially agreed Border Personnel Meeting points between the Indian Army and the People’s Liberation Army of China for regular consultations and interactions between the two armies to improve relations.
Sources : https://www.thehindu.com/news/national/other-states/army-rescues-447-tourists-from-nathu-la-after-snowstorm/article33880192.ece
2. Global Electric Vehicle Outlook 2021
The IEA’s Global EV Outlook (GEVO) annual series is the flagship publication of the Electric Vehicle Initiative. GEVO 2021 looks at the latest EV trends and main drivers for road transport sector electrification around the world. The report provides an overview of recent government policies to accelerate deployment of EVs and actions taken to shield EV markets from the impact of the Covid-19 pandemic. It also includes an outlook for EV and charging infrastructure deployment up to 2030 and analyses the implications of EV uptake on electricity demand, greenhouse gas emissions, battery production volumes and government tax revenues.
Sources : https://www.thehindu.com/business/personal-mobility-needs-boost-car-sales-in-march/article34218097.ece
3. White Billed Heron
The white-bellied heron also known as the imperial heron or great white-bellied heron, is a species of large heron known from the foothills of the eastern Himalayas in India and Bhutan to northeastern Bangladesh and Burma. It is mostly solitary and occurs in undisturbed riverside or wetland habitats. It has been listed as Critically Endangered on the IUCN Red List since 2007, because the global population is estimated at less than 300 mature individuals and threatened by disturbance and habitat degradation. It is mostly dark grey with a white throat and underparts.
A nesting site of white-bellied heron has been discovered in a remote part of the Namdapha Tiger Reserve in Arunachal Pradesh in 2014. It is estimated that there are only 250 white-bellied herons left in the world and only about 50 left in India. The Department of Science and Technology, Government of India, has funded a three year study on the species with a view to document the foraging behaviour of the critically endangered bird
Sources : https://science.thewire.in/environment/rare-white-bellied-heron-spotted-in-arunachal-pradesh/
4. Cybercrime Volunteer Programme
It is an initiative as part of cyber hygiene promotion . It enables to curb cybercrimes by bringing together citizens as Volunteers to assist State/UT police to flag unlawful content on internet in the country
National Cybercrime Ecosystem Management Unit is the administrating unit. It enables a culture of surveillance and encourages civilians to report online activities of other citizens.
Sources https://www.newindianexpress.com/nation/2021/mar/02/cyber-crime-volunteer-programme-citizens-to-spy-on-each-other-on-social-media-beware-2270881.html
Prelims questions
1. Global Electric Vehicle Outlook is released by
a. International Atomic Energy Agency
b. World energy council
c. World Economic Forum
d. International Energy Agency
Answer: D
The IEA’s Global EV Outlook (GEVO) annual series is the flagship publication of the Electric Vehicle Initiative. GEVO 2021 looks at the latest EV trends and main drivers for road transport sector electrification around the world. The report provides an overview of recent government policies to accelerate deployment of EVs and actions taken to shield EV markets from the impact of the Covid-19 pandemic. It also includes an outlook for EV and charging infrastructure deployment up to 2030 and analyses the implications of EV uptake on electricity demand, greenhouse gas emissions, battery production volumes and government tax revenues.
2. Consider the following statement with reference to Cybercrime Volunteers Programme
a. It is an initiative as part of cyber hygiene promotion
b.Ministry of Electronics and Information Technology is the administering agency
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c). Both of them (d). None of the above
Answer: A
Cybercrime Volunteer Programme is an initiative as part of cyber hygiene promotion . It enables to curb cybercrimes by bringing together citizens as Volunteers to assist State/UT police to flag unlawful content on internet in the country
National Cybercrime Ecosystem Management Unit is the administrating unit. It enables a culture of surveillance and encourages civilians to report online activities of other citizens.