Write Short-notes on / संक्षिप्त टिप्पणी लिखिये : - (B) Court of record
Verified Answer
- Core Legal Answer & Context: A 'Court of Record' is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are of such high authority that their truth cannot be questioned in any court. The defining characteristic of a Court of Record is its inherent power to punish for contempt of itself, as well as for contempt of subordinate courts. This power is essential for maintaining the dignity, authority, and effective functioning of the judiciary.
In India, the Supreme Court and the High Courts are explicitly declared to be Courts of Record by the Constitution.
Powers of a Court of Record: (a) To maintain its own records and proceedings as authoritative. (b) To punish for contempt of itself, summarily and without appeal (though subject to review). (c) To punish for contempt of subordinate courts. (d) Its judgments serve as precedents for lower courts.
- Relevant Statutes and Sections:
- Constitution of India: Article 129 (Supreme Court to be a Court of Record), Article 215 (High Courts to be Courts of Record).
- Contempt of Courts Act, 1971: While regulating the procedure, it does not create the power but recognizes the inherent power of Courts of Record.
- Important Landmark Cases:
- Delhi Judicial Service Association v. State of Gujarat (1991): Explained the wide and inherent powers of a Court of Record, particularly concerning contempt, and its ability to protect its dignity and authority.
- In Re: Vinay Chandra Mishra (1995): Further elaborated on the contempt powers of the Supreme Court as a Court of Record, including the power to punish for criminal contempt.
- Clear Conclusion: Courts of Record, specifically the Supreme Court and High Courts in India, possess inherent powers to maintain their authority, ensure respect for the judiciary, and punish for contempt, making their records unimpeachable and their pronouncements binding precedents.