Article 129 of the Costitution of India with Case law
🇮🇳 Article 129 of the Constitution of India
Subject: Supreme Court to be a court of record
🔹 Bare Text of Article 129:
“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.”
🔍 Explanation:
Court of Record means:
Its judgments, proceedings, and acts are recorded for perpetual memory and testimony.
These records are admitted as evidence and cannot be questioned when produced before any court.
It also implies inherent powers, including:
Punishing for contempt (both civil and criminal).
Power to maintain authority and dignity of the court.
🧑⚖️ Important Case Laws on Article 129:
🔸 1. Supreme Court Bar Association v. Union of India, (1998) 4 SCC 409
Facts: Concerned with contempt powers and disciplinary action against advocates.
Held:
The Supreme Court’s power under Article 129 to punish for contempt is not controlled by any statute.
However, it cannot suspend or debar a lawyer from practice unless it follows the Advocates Act.
🔸 2. In Re: Arundhati Roy, (2002) 3 SCC 343
Facts: Arundhati Roy made critical remarks against the judiciary.
Held: Supreme Court exercised its contempt powers under Article 129.
Observation: Freedom of speech cannot be used as a license to scandalize the court.
🔸 3. In Re: Vinay Chandra Mishra, (1995) 2 SCC 584
Facts: Advocate misbehaved with the court and committed contempt.
Held: Supreme Court sentenced him to imprisonment and suspended his license.
Later: This ruling was partly overruled in SCBA v. Union of India (1998), where the Court clarified that only Bar Councils could suspend an advocate.
🔸 4. Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8 SCC 650
Held: Power of the Supreme Court under Article 129 and High Courts under Article 215 to punish for contempt is independent of the Contempt of Courts Act, 1971.
⚖️ Comparison with Article 215:
| Article 129 | Article 215 |
|---|---|
| Supreme Court as a Court of Record | High Court as a Court of Record |
| Power to punish for its own contempt | Same for High Courts |
| Applies only to Supreme Court | Applies to all High Courts |
📘 Conclusion:
Article 129 gives the Supreme Court constitutional status as a Court of Record.
The Court derives inherent powers to punish for contempt, uphold its dignity, and preserve the rule of law.
The Contempt of Courts Act, 1971 regulates but does not limit these powers.
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