UPSC General Studies Sample Paper General Studies Sample Paper-7

  • question_answer
    Consider the following statements related to the contempt powers of the Supreme Court.
    1. Supreme Court gets contempt powers by reason of its being a court of record.
    2. Wilful disobedience of a Supreme Court judgement is considered as criminal contempt.
    3. Supreme Court can also take action against contempt of High Court and District Court.
    4. President of India ask advice from Supreme Court on any question of law and advice is binding on the
    President.
    Which of the statements given above are correct?

    A)  1 and 2           

    B)  1 and 3

    C)  3 and 4           

    D)  All of these

    Correct Answer: B

    Solution :

    [b] Contempt powers of a court are derived on the basis of its being a court of record. Court of record means that the proceedings of a court are recorded and can be used as evidence in any court, the court have to set its own jurisdiction and the court can punish for contempt of itself. Thus, Statement 1 is correct. Statement 2 is incorrect because disobedience of a Supreme Court judgement is considers as a civil contempt. Criminal contempt consists of scandalising the co-r. interfering with the court or obstructing the administration 7 justice through the court. Supreme Court can also take note of the contempt of High Court and District Court. Thus, Statement 3 is correct and the right answer is [b]. Statement 4 is incorrect as it is not binding on President.


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