Introduction

Law in India has evolved from various customary practices and religious precepts into the present constitutional and legal system of our society. Law has its sources in the Vedas, Upanishads and other religious scriptures.

RULE THE LAW, NOT THE MAN

The Constitution of India is based on the theory of "RULE OF LAW" adopted by India and given to itself, Rule of Law says society must be ruled by law and not by men, "Be still so high, law is above you". Our law says that no one is above the law.

Now the question arises, what about those who do not respect their law?

What is contempt of court

Acts or omissions intended to obstruct the proper administration of justice. Contempt of court is disobeying a court by acting contrary to authority, justice and dignity.

Contempt of court is discourteous behavior towards legal authorities in a courtroom or defiant failure to comply with a court order, which may result in contempt of court proceedings.

The definition as given by Attorney General v. Times Newspapers Ltd.

“The term contempt of court is a general term describing conduct in relation to a particular judicial proceeding that tends to undermine that system or prevent citizens from using it to resolve disputes.

Civil Contempt Defense

Insufficient knowledge of the order
If it is accidental and not intentional
If the court order was vague or ambiguous
If fulfillment of the order is impossible
 

INDIAN JUDICIARY FOR JUDICIAL COURTS:

The Supreme Court of India has original and appellate jurisdiction

regarding such cases so there are many opportunities our Supreme Court of India

shed light on the subject. Some cases are like that

Mohammad Aslam Vs. Union of India: A.I.R. 1995 S.C. 548
Since the Chief Minister could not protect the church property, it was considered a breach of the undertaking given by the court and was considered a CIVIL CONTEMPT OF COURT. It reflects that the doctrine of RULE OF LAW prevails in India.

Re: Arundhati Roy, 2002
The Supreme Court held that fair criticism made in public interest and in good faith cannot be held in contempt of court

RE, Hon'ble Shri Justice C.S. karnan, 2017
The most respected Judge of the Indian Judiciary had on many occasions made serious allegations against other respected judges of the Indian Judiciary and that was the reason for filing the case. According to paragraph 35 of the case, the allegations were found to be defamatory and according to paragraph 36, it was held to be ABUSE OF COURT. This indicates that RULE OF LAW prevails in India.

N. Duda v. V.P. Shiv Shankar & others, 1988
The Supreme Court ruled that judges can use contempt jurisdiction to preserve their own dignity.