Part V - The Union • Article

Article 129 Simplified: Supreme Court to be a court of record

Article 129 declares the Supreme Court to be a 'Court of Record'. This means its judgments are preserved as permanent evidence and serve as binding precedents for all lower courts. It also gives the court the power to punish anyone for contempt of court.

Official Text

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.

Simple Meaning

Explain Like Ten

This rule says two things: first, every decision the Supreme Court makes is written down forever so other courts can follow them. Second, if anyone insults the court or refuses to obey its orders, the court has the power to punish them (called Contempt of Court)!

Student Mode

Article 129 declares the Supreme Court to be a 'Court of Record'. This has two constitutional implications: (1) Evidentiary value: Its records and judgments are preserved for perpetual memory and testimony, and their validity cannot be questioned in any subordinate court. (2) Contempt power: It has the inherent power to punish for contempt of itself (both civil and criminal contempt). This power is a constitutional power that cannot be restricted or taken away by any ordinary law of Parliament.

Example

If a public official or media outlet publishes false statements that deliberately scandalize the court or refuses to follow a court order, the Supreme Court can initiate contempt proceedings and sentence them under Article 129.

Key Takeaway

Article 129 anchors supreme court to be a court of record within India's constitutional system.

FAQs

What does 'Court of Record' mean?

It means the court's judgments are recorded as permanent evidence and serve as binding precedents for all lower courts. It also means the court has the power to punish for contempt of itself.

Can Parliament pass a law to remove the Supreme Court's power to punish for contempt?

No. The Supreme Court has held that its power to punish for contempt is an inherent constitutional power under Article 129, and it cannot be abrogated or restricted by any legislative act of Parliament.