Article 215 Simplified: High Courts to be courts of record

Official Text

Every High 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

Article 215 establishes every High Court as a Court of Record—meaning its judgments, proceedings, and orders are permanently preserved and carry evidential value. This status also gives High Courts the inherent power to punish any person for contempt of the court itself. No specific legislation is needed to grant this contempt power—it flows automatically from being a court of record.

Explain Like Ten

A 'Court of Record' is like a library that keeps every important judgment forever—and anyone who disrespects the library faces punishment. Article 215 gives every High Court this status: their judgments are permanent legal records, and they can punish contemptuous behavior without needing a separate law to give them that power.

Student Mode

Article 215 mirrors Article 129 (Supreme Court as Court of Record). Two consequences of 'Court of Record' status: (1) Evidentiary value—HC records are admitted as absolute evidence and cannot be questioned; (2) Inherent contempt power—the HC can punish anyone who scandalizes the court, disobeys its orders, or interferes with its administration of justice. This power is constitutional, not statutory, and cannot be curtailed by ordinary legislation.

Example

When the Calcutta High Court convicts someone for contempt—like willfully disobeying a court order—it does so under the power given by Article 215. A subordinate court like a Sessions Court cannot punish for its own contempt in the same way; only courts of record like High Courts and the Supreme Court have that constitutional power.

Key Takeaway

Article 215 makes every High Court a court of record with permanent preserved judgments and the inherent power to punish contempt—no separate law needed.

FAQs

Can Parliament limit a High Court's contempt power under Article 215?

Parliament can regulate the procedure and penalties for contempt through the Contempt of Courts Act. But the inherent constitutional power to punish contempt itself cannot be taken away—it flows from the Court of Record status guaranteed by Article 215.

Can a subordinate court like a Sessions Court also punish for contempt?

No. Only Courts of Record (High Courts and Supreme Court) have the inherent power to punish for contempt of themselves. Subordinate courts can report contemptuous conduct to the High Court, which then takes action.

Quiz

What inherent power does a High Court possess as a Court of Record under Article 215?

Answer: Power to punish for contempt of itself

Which article is the Supreme Court equivalent of Article 215 (High Courts as Courts of Record)?

Answer: Article 129

Related Topics

• Article 214
• Article 216