SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW

AUTHOR – SHAIL HUNDEKAR, STUDENT AT CHRIST UNIVERSITY,

BEST CITATION – SHAIL HUNDEKAR, SCOPE FOR MISUSE FOR THE JUDICIARY IN INDIAN CONTEMPT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 531-538, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Freedom of speech and expression is a fundamental right enshrined in the Constitution of India under Article 19(1)(a). It is a vital right for the functioning of a democracy, as it allows citizens to hold their government accountable and to participate in public discourse. However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), including restrictions in the interest of the administration of justice. One of the most important restrictions on freedom of speech and expression is the law of contempt of court. Contempt of court is an act not defined in the Constitution of India or any other statue. Oswald defines contempt to be constituted by any conduct that tends to bring the authority and administration of Law into disrespect or disregard or to interfere with or prejudice parties or their witnesses during litigation.^[1]

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[1] Oswald’s Contempt of Court, Butterworth Law Publishers Ltd, Third Edition Reprint,1993