BharatNotes Contempt
nounUsage in a UPSC answer
When the executive treats judicial directives with open contempt rather than reasoned dissent, it corrodes the constitutional comity on which the separation of powers ultimately depends.
Synonyms
Antonyms
Word Family
contempt (n), contemptuous (adj), contemptuously (adv), contemptible (adj), contemptibly (adv), contemn (v)
Root
Latin con- (intensive) + temnere = to slight, despise → contemnere = to despise → contemptus = scorn
Etymology
From Late Middle English, via Latin contemptus ("scorn"), from contemnere ("to despise"), formed from con- (intensive prefix) + temnere ("to slight, despise").
Memory Hook
CONTEMPT shares its root with "contemn" and "tempt" (Latin temnere, to despise): to hold someone in contempt is to "con-temn" them, to scorn them so thoroughly that they are beneath even temptation.
How This Word Works in UPSC Writing
Conduct that disobeys a court or lowers its authority. The Supreme Court's power under Article 129 and every High Court's under Article 215 are constitutional and inherent, so they do not derive from the Contempt of Courts Act, 1971, which regulates their exercise rather than conferring them, and that distinction is frequently missed. The division is between civil contempt, meaning wilful disobedience of an order or breach of an undertaking given to the court, and criminal contempt, which covers scandalising the court, prejudicing a pending proceeding and interfering with the administration of justice. The change most worth knowing is that truth was not a defence at all until the amendment of 2006 substituted Section 13, which now permits justification by truth where the court is satisfied both that it is in the public interest and that the request is bona fide, so both conditions must be met and the burden falls on the person accused. The standing criticism is that scandalising the court is vague and sits uneasily with Article 19(1)(a).
Don’t Confuse It With
Civil contempt is wilful disobedience of an order or breach of an undertaking, protecting the litigant's remedy, whereas criminal contempt scandalises the court or obstructs justice and protects the institution's authority. The power under Articles 129 and 215 is constitutional and inherent, while the Contempt of Courts Act, 1971 regulates rather than grants it. Truth became an available defence only through the 2006 amendment, and only where public interest and bona fides are both established. Fair criticism of a judicial decision is expressly not contempt.
Hindi Meaning
न्यायालय की अवमानना (nyāyālaya kī avmānanā).
Common Questions
- Is truth a defence to contempt of court?
- Only since the 2006 amendment, and only where the court is satisfied both that the defence is in the public interest and that the request to invoke it is bona fide.
- What is the difference between civil and criminal contempt?
- Civil contempt is wilful disobedience of a court order or undertaking, while criminal contempt scandalises the court, prejudices a proceeding or obstructs the administration of justice.
Seen in UPSC Question Papers
- Prelims 2022 — Judiciary
Real UPSC previous-year questions whose text uses “Contempt” — proof this word earns its place on your list.
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