.

ISSN 2063-5346
For urgent queries please contact : +918130348310

CREDIBILITY OF INDIAN JUDICIARY VS. CONTEMPT PROVISIONS

Main Article Content

Dr. Nupur Sony
» doi: 10.31838/ecb/2023.12.s3.493

Abstract

The effective functioning of judiciary on democratic principles and in accordance with the Constitutional imperatives is the fundamental requirement for the growth of egalitarian society and a progressive state. However, if the same Judiciary, by utilizing the draconian contempt law attempts to annihilate the liberal traditions and ethos of the country by stifling the voice of dissent, then the democracy would be a farce, and freedom, a mirage. The purpose of the rule of contempt of court, in general, is to protect the wide-ranging interest when the court's jurisdiction is questioned and public trust in the administration of justice is undermined. However, India's Supreme Court has begun to employ the contempt law as a weapon of coercion, suppressing the most fundamental human freedoms of speech and expression, including the right to public criticism. The outburst of the apex Court in contempt cases is a testimony of this fact that the Court itself is lowering down its credibility in the eyes of general masses. In this research article, I seek to review the legality of the existing Contempt law of India, in the context of changing socio-economic and political scenario with a view to raise the moot question of democratizing the Indian Judiciary which neither gives the impression of being the repository of public trust because of its intolerance to public criticism, nor seems to be public-oriented for the reason of the undemocratic and outmoded clauses like contempt law in a civilized nation like India, which seriously need to be remedied without delay.

Article Details