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The provision that every High Court shall be a court of record with the power to punish for contempt of itself is contained in:
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Answer: Option B — Article 215
Detailed Solution
Article 215 provides that 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.
Meaning of a court of record:
- The judgments, proceedings and acts of a High Court are recorded for perpetual memory and testimony.
- These records are admitted as evidence and cannot be questioned when produced before any court.
- Its judgments serve as precedents for lower courts in the state.
Power to punish for contempt:
- A High Court can punish for contempt of itself and also for contempt of courts subordinate to it.
- Contempt can be civil, such as wilful disobedience of a court order, or criminal, such as scandalising the court or interfering with the administration of justice.
- The punishment and procedure are governed by the Contempt of Courts Act, which allows simple imprisonment of up to six months, a fine of up to two thousand rupees, or both.
Parallel provision for the Supreme Court:
Article 129 makes a similar provision for the Supreme Court.
Limits on contempt:
Fair criticism of judgments, fair reporting of proceedings and innocent publication are not contempt.
Apology:
A court may discharge the accused or remit the punishment if a bona fide apology is made.
Other powers of a High Court:
- Article 226: power to issue writs for enforcing Fundamental Rights and for any other purpose.
- Article 227: power of superintendence over all courts and tribunals in its territory, except military tribunals.
- Article 228: power to withdraw cases involving substantial questions of constitutional law from lower courts.
Why the power is important:
- The power to punish for contempt helps maintain the authority and dignity of the courts.
- It ensures that court orders are obeyed.
Why not the other options?
- ✗Article 214 provides for High Courts for states.
- ✗Article 226 deals with the writ jurisdiction of High Courts.
- ✗Article 227 deals with the power of superintendence.
Quick tip
Remember: Article 129 = Supreme Court as court of record; Article 215 = High Courts as courts of record.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.