The general understanding is that “a Court is a Court, it is the authority which decides civil disputes and crimes”, now what is this Court of Record? If that is a thing, which Court is known as Court of Record in India? And what exactly does it record? There is a lot of confusion, regarding the “record” and its “potential value” in terms of Courts in India. Therefore, we throw some light on the topic with reference to what is provided in the Constitution of India and laid by the Apex Court in this context.
What is a Court of Record?
In general, a Court of Record can be understood as the Court whose cases are permanently recorded. It means that the Court proceedings are recorded for future reference, which cannot be changed or amended after being documented, unless a specific procedure is followed for the same (eg., corrigendum orders). The Courts of Record are empowered to punish anyone for its contempt – being disobedient or disrespectful towards the Court or its Officers. Courts of Records can also ensure the enforcement of judgments and orders.
Being designated as a Court of Record signifies the importance and integrity of such Courts in the Judicial System. That’s why the decisions of Courts of Record are binding to set legal precedence for future reference in other Courts below the hierarchy of such Court of Record. In other words, judgments/orders/directions of the Courts of Records can be used as evidence in other Courts for further matters.
Why Supreme Court is called Court of Record?
The Supreme Court of India is the highest Court in the Indian Judicial System. What the Supreme Court decides becomes a law for itself as well as the other High Courts and lower Judiciary, unless the same is reversed by the larger bench of the Supreme Court. Article 129 of the Indian Constitution lays that “Supreme Court to be a court of record – 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.” What we usually see is that for certain aspects, case laws are used as authorities for convincing the Courts on specific matters. In such instances, Courts of Record come to the rescue. This clarifies that the Supreme Court decisions are law and need to be abided by, and not disobeyed or disrespected by anyone.
The Order 46 of the Supreme Court Rules, 2013 Part VII lays about the destruction of record. Part 1 of the same states about the records of the Supreme Court which is sought to be preserved permanently, to be stored forever. It includes judgment, decree, order, index, pleadings, plaint, written statement, etc. On the other hand, Part 2 of it limits the time for which certain records may be protected, and includes appearances, Power of Attorney, Affidavits, etc.
Is High Court a Court of Record?
Yes, all the High Courts in India are also regarded as Courts of Record. Which court is known as court of record in India is answered by the Constitution of India itself. Article 215 of the Constitution of India states that “High Courts to be courts of record – 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.”
Why High Court is called a Court of Record?
High Courts come after the Supreme Court when it comes to hierarchy of Courts in the Indian Judicial System. The decisions of the High Courts also serve as a law, provided that the same is not reversed but affirmed by the Supreme Court. High Courts and Supreme Court are the ultimate saviours for interpreting questions of law and also as the ultimate Appellate Courts. Thus, just like the Supreme Court of India, the High Courts are also designated as the Courts of Record for the purpose of preserving the judgments, testimonies, etc. and for its decisions to be used as evidence before the lower Courts.
What is the power of contempt of a Court of Record?
As covered under the definitions of Section 2 of the Contempt of Courts Act, 1971, “Contempt of Court” simply means civil or criminal contempt. The punishment for contempt of Court ranges for imprisonment for 1 month to 6 months with or without fine of maximum Rs 2000. Here, both civil contempt and criminal contempt have been defined under the Act.
Civil Contempt of Court
The main question asked here, Which court is known as court of record in India, is directly proportional to the powers of such Courts as a Court of Record. As per Section 2 (b) of Contempt of Court Act, civil contempt is the wilful disobedience of a judgment, decree, direction, order, writ or other process of a court. It also includes the wilful breach of an undertaking given to a Court.
Criminal Contempt
As defined under Section 2(c) of the 1971 Act, criminal contempt is the publication of anything or doing an act which scandalises or tends to lower the authority of Court; prejudices or interferes with the course of judicial proceedings, or interferes/obstructs the administration of justice. In other words, anything said or done which diminishes the authority of Court, obstructs the timely conduct of Court process or administration of justice can land in trouble for contempt of Court.
Relevant Supreme Court Judgments on Court of Record
Pritam Pal v. High Court of Madhya Pradesh, Jabalpur (1992)
In this case, the Apex Court clarified which court is known as court of record in India. The Supreme Court explained that “the power of the Supreme Court and the High Court being the Courts of Record as embodied under Articles 129 and 215 respectively cannot be restricted and trammelled by any ordinary legislation including the provisions of the Contempt of Courts Act and their inherent power is elastic, unfettered and not subjected to any limit.”
Delhi Judicial Service Association v. State of Gujarat (1991)
The Apex Court in this case explained which Court is known as Court of Record. It stated that “The Constitution does not define “Court Of Record”. A “Court of Record” is a court where acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony, which rolls are called the ‘record’ of the court and are conclusive evidence of that which is recorded therein.”
Sukhdev Singh Sodhi v. The Chief Justice and Judges of the Pepsu High Court (1953)
The Supreme Court in this case held that “the Code of Criminal Procedure does not apply in matters of contempt triable by the High Court. The High Court can deal with it summarily and adopt its own procedure. All that is necessary is that the procedure is fair and that the contemner is made aware of the charge against him and given a fair and reasonable opportunity to defend himself.”
Conclusion
Which Court is known as Court of Record in India is quite clear as of now, and the answer is the Supreme Court and High Courts. Here, we seek to mention the great actor Mr. Amitabh Bacchan and his famous dialogue in the movie Kabhi Khushi Kabhie Gham – “Keh Diya Na….Bas…..Keh Diya”, which he wishes to convey that what he said be kept in mind and not be counter-questioned or disobeyed or disrespected. That is the state with Courts of record, that what they say is to be kept as a record and any disobedience may attract contempt of Court.
