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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Truth as Defence to Contempt *

The Truth as Defence to Contempt *

Chapter:
(p.lvii) 7 The Truth as Defence to Contempt*
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0007

This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).

Keywords:   Supreme Court, contempt power, citizen's rights, contempt of court, Article 32

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