Article 215 of the Costitution of India with Case law
Here is a detailed explanation of Article 215 of the Constitution of India, along with relevant case laws:
📜 Article 215 – Constitution of India
"High Courts to be courts of record"
✅ Text of Article 215:
"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."
🧾 Key Features of Article 215:
| Feature | Explanation |
|---|---|
| Status of High Courts | Declares every High Court in India as a Court of Record |
| Powers Included | Inherent powers of a Court of Record: |
- **Preserving records**, - **Setting precedents**, - **Punishing for contempt of court** |
| Contempt Jurisdiction | High Courts can punish contempt of themselves under this Article |
⚖️ Important Case Laws on Article 215:
1. E.M.S. Namboodiripad v. T.N. Nambiar
Citation: AIR 1970 SC 2015
Facts: A Chief Minister made derogatory remarks against the judiciary.
Held: High Courts (and the Supreme Court) have constitutional authority to punish for contempt to preserve judicial dignity and public confidence.
Relevance to Article 215: Affirmed the independent power of High Courts to deal with contempt, even against high officials.
2. State of Punjab v. Surinder Kumar
Citation: (1992) 1 SCC 489
Held: Article 215 gives the High Court inherent jurisdiction to punish for contempt, even if the Contempt of Courts Act, 1971 doesn't explicitly provide for it.
Relevance: Confirms that the constitutional power under Article 215 cannot be curtailed by ordinary legislation.
3. Delhi Judicial Service Association v. State of Gujarat (Nadiad Judge Case)
Citation: AIR 1991 SC 2176
Facts: A sitting judge was assaulted by police officials.
Held: Contempt powers under Articles 129 (Supreme Court) and 215 (High Courts) are essential for judicial independence.
Relevance: Article 215 empowers High Courts to protect their dignity and authority even against executive overreach.
4. T. Sudhakar Prasad v. Govt. of A.P.
Citation: (2001) 1 SCC 516
Held: The power to punish for contempt is a constitutional power under Articles 129 and 215 and cannot be abrogated by the Contempt of Courts Act.
Reaffirmed that High Courts enjoy the same dignity as the Supreme Court in this regard.
📚 Key Distinction:
| Article 129 | Article 215 |
|---|---|
| Refers to Supreme Court as a Court of Record | Refers to High Courts as Courts of Record |
| Power to punish for contempt of itself | Same power as under Article 129 |
🧠 Why Article 215 Is Important:
Ensures independence of the judiciary
Provides constitutional protection to the High Courts to maintain their authority
Acts as a check on disrespect or interference by individuals, media, or the executive
🔎 Summary Table:
| Aspect | Description |
|---|---|
| Nature | Declares High Courts as Courts of Record |
| Power | Includes contempt power |
| Can override laws? | Yes, contempt power cannot be diluted by legislation |
| Judicial review? | Yes, but very limited in contempt cases due to inherent judicial power |
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