Actual Article
Article 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.
UPSC Notes for Article 129
Explanation:
- Court of Record:
- The Supreme Court is designated as a court of record. This means that its judgments, proceedings, and acts are recorded for perpetual memory and testimony.
- The records of the Supreme Court have evidentiary value and cannot be questioned when produced before any subordinate court.
- Power to Punish for Contempt:
- As a court of record, the Supreme Court has the inherent power to punish for contempt of itself. This includes both civil and criminal contempt.
- Civil contempt refers to willful disobedience to any judgment, order, writ, or other processes of a court or willful breach of an undertaking given to the court.
- Criminal contempt includes acts that scandalize or lower the authority of the court, prejudice or interfere with judicial proceedings, or interfere with or obstruct the administration of justice.
Key Points:
- Judicial Authority: Designating the Supreme Court as a court of record underscores its authority and the binding nature of its judgments.
- Evidentiary Value: The records of the Supreme Court are conclusive evidence of the facts stated therein and are admissible in all courts.
- Contempt Power: The power to punish for contempt ensures the authority and dignity of the Supreme Court are upheld and maintains the integrity of the judicial process.
Important Cases and Commissions Related to Article 129
Cases:
- Supreme Court Bar Association vs. Union of India (1998): The Supreme Court clarified its power to punish for contempt, emphasizing the need to balance this power with the principles of natural justice and fairness.
- Re: Vinay Chandra Mishra (1995): This case highlighted the inherent powers of the Supreme Court as a court of record to punish for contempt to uphold the rule of law and the administration of justice.
Commissions:
- Law Commission of India: Various reports have highlighted the importance of the contempt jurisdiction of the Supreme Court in maintaining judicial decorum and authority.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested measures to ensure the effective use of the contempt powers while safeguarding the principles of free speech and fair criticism.
Previous Year Prelims Questions Related to Article 129
- (UPSC Prelims 2016) Which of the following statements is correct regarding the Supreme Court of India being a court of record?
- A. Its judgments are not subject to appeal.
- B. Its judgments are recorded for perpetual memory and testimony.
- C. It cannot punish for contempt of itself.
- D. It can review its own judgments. Correct Answer: B. Its judgments are recorded for perpetual memory and testimony.
- (UPSC Prelims 2018) As a court of record, the Supreme Court has the power to:
- A. Legislate new laws
- B. Execute laws
- C. Punish for contempt of itself
- D. Amend the Constitution Correct Answer: C. Punish for contempt of itself
Previous Year Mains Questions Related to Article 129
- Mains 2016: “Discuss the significance of the Supreme Court being a court of record under Article 129. How does this status enhance the authority of the Supreme Court?”
- Mains 2019: “Analyze the power of the Supreme Court to punish for contempt under Article 129. How does this power contribute to maintaining the dignity and authority of the judiciary?”
Additional Insights:
- Maintaining Judicial Authority: Article 129 ensures that the Supreme Court can maintain its authority and the respect necessary for the effective functioning of the judiciary.
- Judicial Integrity: The power to punish for contempt is crucial for protecting the integrity of judicial proceedings and ensuring that the administration of justice is not obstructed.
- Balancing Powers: While the contempt power is significant, it must be exercised judiciously to balance the need for maintaining court authority with respecting the rights to free speech and criticism.
Understanding Article 129 is crucial for UPSC aspirants as it outlines the Supreme Court’s role as a court of record and its power to punish for contempt, ensuring judicial authority and integrity. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that uphold the Supreme Court’s role within India’s judicial framework.