Overview and Constitutional Basis:
The concept of a Court of Record is enshrined in Article 129 and Article 215 of the Constitution of India. According to Article 129, the Supreme Court of India is a Court of Record, and under Article 215, every High Court is also a Court of Record. A Court of Record means a court whose acts and judicial proceedings are recorded for perpetual memory and testimony. These records are considered authoritative and cannot be questioned when produced before any other court. This status ensures the dignity and authority of the higher judiciary and helps preserve the accuracy and finality of judicial decisions, forming a crucial part of India’s constitutional justice system.
Meaning and Legal Significance:
A Court of Record has two important attributes: (1) The power to preserve records of its proceedings, which are treated as unquestionable evidence of fact; and (2) The power to punish for contempt of court, either civil or criminal, to maintain its authority and dignity. This power of contempt is derived from Articles 129 and 215, supported by the Contempt of Courts Act, 1971. The judgments of Courts of Record have precedential value, meaning they serve as legal authority for lower courts. This feature strengthens the consistency and integrity of the judicial system, ensuring that law remains uniform and justice is upheld across all jurisdictions in the country.
Importance and Constitutional Role:
The concept of Courts of Record reinforces the independence and supremacy of the judiciary. By recognizing the Supreme Court and High Courts as Courts of Record, the Constitution empowers them to protect their own authority and ensure compliance with their orders. This helps prevent obstruction of justice and maintains the rule of law. It also ensures that the decisions of these courts carry binding precedential value, guiding lower courts in similar matters. Moreover, the contempt jurisdiction acts as a safeguard against attempts to undermine the authority or integrity of the courts, thereby preserving public confidence in the judicial system.
Real-Time Example:
A notable example is the Prashant Bhushan Contempt Case (2020), where the Supreme Court of India, exercising its powers as a Court of Record under Article 129, held the lawyer guilty of contempt for making derogatory remarks against the judiciary on social media. The Court emphasized that freedom of speech cannot be used to scandalize the institution of justice. Similarly, High Courts have exercised their powers under Article 215 in several cases to protect their dignity and authority, reaffirming the principle that higher courts are guardians of justice and custodians of constitutional morality.
Mnemonic to Remember:
Mnemonic: “RAPID – Record, Authority, Precedent, Integrity, Dignity”
- R = Records of proceedings maintained permanently (Art. 129, 215)
- A = Authority to punish for contempt of court
- P = Precedent value of judgments
- I = Integrity of judiciary protected
- D = Dignity of the court maintained
This mnemonic “RAPID” helps recall the essence of a Court of Record — its recording power, authority, and role in upholding judicial dignity and constitutional justice.
About lawgnan:
Explore the detailed concept of the Court of Record in India under Articles 129 and 215 of the Constitution on Lawgnan.in. Understand how the Supreme Court and High Courts act as Courts of Record, maintaining permanent records of proceedings and exercising the power to punish for contempt. Learn their vital role in upholding the authority, dignity, and integrity of the judiciary. Lawgnan provides structured legal insights with real-life examples, key articles, and mnemonics — essential for students, aspirants, and legal professionals aiming to master constitutional law and judicial concepts.
