Contempt by a Judge of Another Judge – A Detailed Analysis

Introduction

The dignity and honor of the judiciary are the pillars of democracy. If a judge commits contempt against another judge, it not only harms judicial discipline but also raises questions about the impartiality and credibility of the justice system.

In this article, we will understand:
Can a judge commit contempt against another judge? If yes, what are the legal consequences? What provisions exist in the Indian judicial system for this?

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1. Definition of Judicial Contempt

Under Indian law, Contempt of Court is categorized into two major types:

1. Civil Contempt – When a person disobeys a court’s order, decree, or directive.
2. Criminal Contempt – When a person acts in a way that harms the dignity of the court, such as making derogatory remarks against a judge or interfering in court proceedings.

Can a judge also commit contempt of court?

Yes, if a judge, through words or actions, disrespects another judge or undermines the impartiality of the judiciary, it falls under the Contempt of Courts Act, 1971.

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2. Legal Aspects of Contempt by a Judge of Another Judge

(A) Can a judge be held accountable for contempt of court?

✔ Yes! In the Indian judiciary, no person, including a judge, is immune from contempt of court.
✔ If a judge publicly criticizes another judge or questions their judicial independence, it is considered contempt of court.

(B) Relevant Sections of the Contempt of Courts Act, 1971

The Contempt of Courts Act, 1971, states that:
▶ Section 2(c): If any person (including a judge) interferes with court proceedings or damages the dignity of the judiciary, it constitutes criminal contempt.
▶ Section 12: If someone commits contempt of court, they can be punished.

(C) Indian Constitution and Judicial Contempt

✔ Article 129 – Grants the Supreme Court the power to punish for contempt of itself.
✔ Article 215 – Grants the High Court the power to punish for contempt of itself.

This means that if a judge commits contempt against another judge, the Supreme Court or High Court can take action against them.

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3. Do Differences of Opinion Between Judges Constitute Contempt?

✔ General disagreements – No
✔ Offensive language or personal attacks – Yes

▶ Differences of opinion between judges are natural, as every judge has their own judicial philosophy.
▶ However, if a judge criticizes another judge in a public forum, calls them incompetent, or invalidates their judgments using offensive language, it can be considered contempt of court.

Example:
If a High Court judge writes in their judgment that "the Supreme Court’s decision is inappropriate and entirely biased," it will be regarded as contempt of court.

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4. Important Judicial Decisions (Case Laws on Contempt by a Judge of Another Judge)

(A) Re M.P. Dwivedi (1996)

In this case, a Sessions Judge refused to comply with a High Court order and deemed it incorrect. The Supreme Court considered this contempt of court and issued a warning to the concerned judge.

(B) P.N. Dutta v. High Court (2000)

In this case, a District Judge publicly criticized a High Court decision and labeled it as "judicial corruption."
Outcome:
✔ The High Court considered it criminal contempt.
✔ A show-cause notice was issued to the judge.
✔ Later, the judge apologized unconditionally and was not penalized.

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5. Can a Judge Be Punished for Contempt?

✔ Yes!
▶ If a judge deliberately attempts to harm the reputation of another judge, they can be punished under the Contempt of Courts Act, 1971, with up to six months of imprisonment or a fine of ₹2,000.
▶ If the judge apologizes and the court accepts it, they may not be punished.

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6. Measures to Maintain Judicial Dignity

✔ Adherence to Constitutional Values – Judges must maintain mutual respect.
✔ Resolving Disputes Internally – Judicial disagreements should be settled internally rather than made public.
✔ Judicial Discipline and Ethics – Judges should use restrained and balanced language.
✔ Preserving Judicial Independence – Maintaining the dignity of the judiciary is every judge’s responsibility.

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Conclusion

▶ A judge can commit contempt of court if they disrespect another judge.
▶ The Supreme Court and High Court have the power to take action against such contempt.
▶ It is every judge’s responsibility to uphold the dignity of the judiciary.

Therefore, every judge should exercise restraint in language, conduct, and judgments to uphold the integrity of the judiciary and maintain public trust in the judicial system.