Court of Record, Article 129 of Constitution of India
📜 Article 129 – Court of Record
Constitution of India
🔹 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 of Article 129:
✅ 1. Supreme Court as a Court of Record:
A Court of Record means:
Its acts and proceedings are recorded for perpetual memory.
These records have evidentiary value and can be used as legal references.
They are admissible as evidence and cannot be questioned when produced before subordinate courts.
✅ 2. Power to Punish for Contempt:
The Supreme Court has the inherent power to punish for contempt:
Civil Contempt – willful disobedience of court orders.
Criminal Contempt – actions that scandalize or lower the authority of the court.
This power is essential to maintain the dignity and authority of the judiciary.
⚖️ Significance of Article 129:
Establishes the Supreme Court's superiority and autonomy.
Helps the Court enforce its own judgments effectively.
Ensures the respect and obedience of its orders across the country.
📚 Related Concepts:
| Concept | Details |
|---|---|
| Court of Record | Has the power to preserve records and punish for contempt. |
| Contempt of Court | Governed by the Contempt of Courts Act, 1971 but subject to constitutional powers under Article 129. |
| Article 215 | Similar provision for High Courts: "High Courts shall also be courts of record." |
🧾 Important Case Law:
🔸 Supreme Court Bar Association v. Union of India (1998) 4 SCC 409
Held: The Supreme Court's power under Article 129 is independent of statutes like the Contempt of Courts Act.
It can punish for contempt, but cannot impose punishment beyond what the law permits.
📌 Summary Points:
Article: 129
Applies To: Supreme Court of India
Key Powers:
Acts as a Court of Record
Can punish for its own contempt
Purpose: To maintain judicial dignity, authority, and enforceability of its decisions.
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