Introduction

• Article 129 and Article 215 of the Constitution of India, 1950 confers the powers pertaining to be the Court of Record to the Supreme Court of India and High Courts as such, respectively.
• This legal designation imparts special powers and privileges to these courts, empowering them to maintain records, punish for contempt, and ensure the preservation of judicial authority.

Which Articles Cover the Concept of Court of Record?

• Article 129: The SC 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.
• Article 215: Every HC 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.

What are Contempt Powers?

• The power to punish for contempt is a significant attribute of courts of record, aimed at preserving the dignity and authority of the judiciary.
• Contempt proceedings can be initiated against individuals or entities that show disrespect, disobedience, or interference with the court's proceedings.
• This power acts as a deterrent, reinforcing the sanctity of the judicial process and maintaining public confidence in the judiciary's ability to dispense justice.
• The SC in the case of P N Duda v. V P Shiv Shankar & Others (1988) held that under Article 129 of the Constitution, the SC has the power to punish for contempt of itself and under Article 143(2) it could investigate any such contempt.

What is Jurisdiction of Court in the Matter of Court of Record?

• The jurisdiction of courts of record extends to a wide array of matters, encompassing civil, criminal, and constitutional issues.
  • This broad scope allows these courts to serve as comprehensive forums for the resolution of legal disputes.
• The adjudicative power vested in them enables the interpretation and application of laws, contributing significantly to the development of legal principles and precedents.

Conclusion

The idea of courts of record in the Indian Constitution emphasizes the importance of SC and HCs. They play an important role in upholding the law, preserving the power of the courts, and building trust in the legal system among the public. The articles related to court of record established that SC of India and HCs act as strong defenders, protecting the fundamental principles of the country's legal system.