DOMAIN OF CONTEMPT POWER OF COURT IN RELATION TO FREEDOM OF SPEECH AND EXPRESSION

Abstract

Abstract

Indian Judiciary is the guard of law and order and it is to be given security to give decisions equitably. This concept of safeguarding the judiciary to work independent is somewhere based on the doctrine of separation of power.  Punishment for contempt is a huge power guaranteed to the judiciary for proper functioning of the courts and to deliver the decisions with equity. Contempt of Court has been characterized as any lead which will in general disregard the power of Law and Court.

This research paper is based upon the thrust to know that Right to Freedom of Speech and Expression refers to the freedom that a person has to express his thoughts but this right is not absolute in nature which means it comes with certain restrictions. Article 19(1)(a) of the Constitution of India deals with above right.[1] There are three research questions drafted to make analysis:  

1. To know that the power to punish for contempt of court enables the courts of law to function efficiently.
2. To know that Fair Criticism of Conduct of Judges, the institution of judiciary and its functioning is consistent with Article 19(1)(a) of Constitution of India,1950.
3. To know that there is a need for striking a fine balance between freedom of speech and expression on one hand and fair criticism of administration of justice on the other.

Key words:

Judiciary, Contempt, Constitution, Fair criticism, Freedom of speech and expression.

[1] https://blog.ipleaders.in/an-analysis-of-the-right-to-speech-and-expression-and-contempt-of-court/.