To address this issue, the Law and Justice Ministry has sent a letter to the secretaries of all ministries and departments, urging them to set up a system to ensure compliance with judicial orders.
NEW DELHI: The Union Law and Justice Ministry has asked all government ministries to improve their compliance with court orders. This step aims to reduce the huge number of pending contempt cases—around 1.45 lakh—in the Supreme Court and High Courts.
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What is Contempt of Court?
As per the Contempt of Courts Act, 1971, contempt of court is divided into two types:
- Civil Contempt: This happens when someone wilfully disobeys a court’s judgment, decree, order, direction, writ, or other legal process. It also includes the wilful breach of an undertaking given to a court.
- Criminal Contempt: This occurs when any published material scandalises or tends to scandalise a court, lowers or tends to lower the authority of a court, prejudices or interferes with judicial proceedings, or obstructs or tends to obstruct the administration of justice in any way.
The government is one of the largest litigants in India. A significant numbers of contempt petitions are filed against various ministries and departments of the Union and State Governments. These cases arise mainly due to non-compliance with court orders.
To address this issue, the Law and Justice Ministry has sent a letter to the secretaries of all ministries and departments, urging them to set up a system to ensure compliance with judicial orders.
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The ministry’s move comes after Rajya Sabha MP Dr. Ashok Kumar Mittal raised concerns about the rising number of contempt cases. Speaking in the Rajya Sabha on December 4, 2024, he emphasized that the increasing contempt cases were a matter of urgent public importance. He suggested that the government should establish an effective compliance mechanism to ensure that court orders are followed within a fixed timeframe, ensuring justice for litigants.
Responding to the concerns, the Law Ministry wrote to all departments on January 3, 2025, saying:
“In this regard, all the Ministries/Departments are requested to kindly look into this matter and also to establish a Compliance Mechanism for effective timely implementation of judicial orders which will thereby reduce the contempt cases in the country.”
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The failure of government bodies to follow court decisions on time often leads to an increase in litigation. Many citizens and organizations have to file contempt petitions to get the authorities to act. By ensuring timely compliance with court orders, the government can:
- Reduce legal burden on the courts.
- Improve trust in the judicial system.
- Ensure that justice is delivered without unnecessary delays.
- Enhance administrative efficiency.
