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What are the different kinds of bibliographies?

Different types of academic works call for different


types of bibliographies. For example, your computer science professor might require you to submit an
annotated bibliography along with your paper because this type of bibliography explains
the why behind each source you chose to consult.

Analytical bibliography:An analytical bibliography documents a work’s journey from manuscript to


published book or article. This type of bibliography includes the physical characteristics of each cited
source, like each work’s number of pages, type of binding used, and illustrations.

Annotated bibliography:An annotated bibliography is a bibliography that includes annotations, which


are short notes explaining why the author chose each of the sources. Generally a few sentences long,
these notes might summarize or reflect on the source. An annotated bibliography is not the same as
a literature review. While a literature review discusses how you conducted your research and how
your work fits into the overall body of established research in your field, an annotated bibliography
simply explains how each source you used is relevant to your work.

Enumerative bibliography:An enumerative bibliography is the most basic type of bibliography. It’s a
list of sources used to conduct research, often ordered according to specific characteristics, like
alphabetically by authors’ last names or grouped according to topic or language.

Specific types of enumerative bibliographies used for research works include:

National bibliography:A national bibliography groups sources published in a specific region or


nation. In many cases, these bibliographies also group works according to the time period during
which they were published.

Personal bibliography:A personal bibliography lists multiple works by the same individual author or
group of authors. Often, personal bibliographies include works that would be difficult to find
elsewhere, like unpublished works.

Corporate bibliography:In a corporate bibliography, the sources are grouped according to their
relation to a specific organization. The sources can be about an organization, published by that
organization, or owned by that organization.

Subject bibliography:Subject bibliographies group works according to the subjects they cover.
Generally, these bibliographies list primary and secondary sources, whereas other types of
enumerative bibliographies, like personal bibliographies, might not.

How is a bibliography structured? Although each style guide has its own formatting rules for
bibliographies, all bibliographies follow a similar structure. Key points to keep in mind when you’re
structuring a bibliography include:

• Every bibliography page has a header. Format this header according to the style guide you’re
using.

• Every bibliography has a title, such as “Works Cited,” “References,” or simply “Bibliography.”

• Bibliographies are lists. List your sources alphabetically according to their authors’ last names
or their titles—whichever is applicable according to the style guide you’re using. The
exception is a single-author bibliography or one that groups sources according to a shared
characteristic.

• Bibliographies are double-spaced.

• Bibliographies should be in legible fonts, typically the same font as the papers they
accompany.

Types of Parliament Privileges : Collectively enjoyed by the member of Parliament

• No person whether a member or a stranger can be arrested and no legal


proceedings can be initiated against him either criminal or civil, within the
premises of the house of the Parliament and without the approval of the
proceedings officer of that particular house.
• No court shall have the right to investigate the proceedings of any house of the
parliament and any of its committees.
• Parliament shall have the power to exclude guests or visitors from the meeting
of the house or also have the power to conduct a secret meeting if the matters
of national importance or any matter of public importance.
• Parliament shall have the right to penalize its member or an outsider for
committing the breach of its privileges. And for contempt by reprimand,
admonition or imprisonment and also have the right to expel and suspend in
case of a member.

Individually enjoyed by the member of Parliament :

• When a parliament is in session, a member of Parliament or a person on whom


this right and immunities conferred may refuse to appear in the court of law or
to present any evidence in court.
• Members of the Parliament cannot be arrested when the sitting of the Parliament
in session and 40 days before the commencement and 40days after the end of
the session.
• No member shall be made liable to any proceeding in any court for whatever he
or she said or any vote was given by him or her during the session in the
Parliament or its committees.
Freedom of Speech

The spirit of the parliamentary form of democracy is frank free and valiant discussions in
the house of the parliament. For the authority like parliament freedom of speech plays a
very indispensable role that provides opportunities to the members of the houses to
express their feelings without any sort of fear, hesitation, being penalized for offences
such as defamation, innuendo, etc.. The recognition of the right to freedom of speech in
parliament came to known in the seventeenth century in the case of SirJohn Elito.

Some limitations are also there which should be followed in relation to claim privileges

• Freedom of speech should be according to the constitutional provisions and


subject to the procedures and rules of the parliament, provided under article
118 of the Indian constitution.
• Article 121 of the Indian constitution confers that, the member of the Parliament
is not allowed to discuss the manner and the judgement given by the judges of
the supreme court and the high court. But, even if this occurs, it is an internal
matter of the parliament and the court has no right to interfere in it.
• No immunity and right could be claimed and held back by the members for
anything which is said outside the proceedings and premises of the parliament.
Right of Publication of Proceedings

Clause (2) of Article 105 (and article 194) expressly provides that “no person shall be
compelled to made liable in regards to the publication by him or by under the authority of
either house of the parliament for any report, paper, journal, vote or
proceedings”.Therefore, the protection did not address the scope of publication made by
the person without the authority of any house of the parliament, however, Common law
renders the defence of qualified privilege for fare and exact official reports of proceedings
of the parliament, published in a newspaper or as here.

Other privileges

Clause (3) of article 105, after some constitutional amendment declares that the immunity
and right of every house of the parliament, its members and committees shall be such as
furnished by parliament from time to time and until it is done by the parliament, which it
has not yet been done, shall be dated back on 20th June 1979 i.e from date of initiation
of section 15 of the (44th constitutional amendment) act, 1978.

The other Privileges as per the rules made by house are: Article 105(3) and 194(3)

• Freedom from Arrest: Any member of the House cannot be arrested in a civil
proceeding within 40 days before and after the session of the House. If he is
arrested, he must be released to let him attend the Session. But a member can be
arrested in a criminal proceeding, but the detaining authority must notify the House
the reason, time, place of his detention.
• Right to exclude strangers: When a secret sitting is going on the presiding officer of
the house to order the strangers to withdraw from the chamber, lobby. (Rule 248
Lok Sabha)
• Right to Prohibit the Publication of proceedings: The presiding officer of the house
may declare that a certain part of the proceedings is not to be published. Any person
doing so may be punished under the Contempt of house as per as the rules made by
the house.
• Right to regulate internal proceedings: The Houses have the power to make rules to
regulate their proceedings. No one can interfere in that even the judiciary. Article
122 and 212 provides that the validity of proceedings cannot be called in question
on ground of any irregularity. The presiding officers are given the power to
summon, adjourn the proceedings by the Constitution itself.
• Right to punish for contempt of the House: If any person either the member or a
non member break any rule of the house, he may be punished according. For
example, a member may be expelled from the House.

What Is the Contempt of Court Act 1971?

The Supreme Court and High Court have a structure in place for dealing with contempt of court
concerns thanks to the Contempt of Court Act of 1971. The Indian Constitution's Articles 129 and
215 expressly define this power. The definition of contempt within the High Court's subordinate
courts is provided in further detail in Section 10 of the Contempt of Courts Act. It's crucial to
remember that Article 19(1) does not restrict this authority, so it cannot be used to defend
against imposing criminal penalties for disrespectful behaviour.
The standard punishments under this rule include of fines or up to six months imprisonment.
But when deciding on a punishment, judges frequently mix a criminal sentence with other
corrective measures, such as schooling or community service. To achieve fairness and justice in
criminal processes, all conceivable outcomes must be consistent not only with national laws but
also with accepted international standards.
Article 129
The Supreme Court is referred to in Article 129 as the "Court of Record," which suggests that all
of its actions and sessions are irrevocably documented as sources of evidence. Any statement
against these records is considered contempt of court because they are beyond dispute. The
Supreme Court has the power to punish those who are found guilty in certain situations,
protecting the nation's rule of law.
The phrase "Court of Record" has a strong connection to how courts work because of the linked
register, which gives this court jurisdiction over areas outside of India. In all of India, the
Supreme Court's decisions are legally binding. Contempt of Court statutes, contained in Article
129, provides for sanctions for violators of the rigorous laws laid out by the Supreme Court.
Article 142(2)
The Supreme Court of India is empowered by Article 142(2) of the Indian Constitution to impose
the appropriate punishments on individuals who blatantly disregard or disrespect the court's
authority. This section is a component of a larger legal provision that gives the Supreme Court
the right to enforce any law passed by Parliament that is connected to the rules in clause 1 if it
sees fit. This article makes clear that anyone who disrupts the administration of justice or
interferes with legal processes should not get away with their discourteous behaviour.
It is crucial to understand that the Supreme Court has been given exceptional authority to
administer justice and defend the rights guaranteed by the Constitution. Even while it gives a lot
of power, it does not trump individual freedom. While acting per the authority granted by this
article, the court must make sure that no one's fundamental rights are compromised. It
guarantees loyalty in terms of formal behaviour as well as mental health and a sense of
community.

The Amendment of the Contempt of Court Act, 1971 in 2006

This legal structure underwent a significant change in 2006 with the Contempt of Court Act, of
1971. A defence of the truth was now officially recognised, as it had been in Section 13 of the
original 1971 law. This amendment's most important feature is that it emphasises the need for a
court to take truth into account as a legitimate defence if it can be proven that doing so serves
the public good. This reasonable defence clause suggests that other types of contempt are no
longer punishable without concurrently presenting proof and evidence.
The implementation of this amendment served three purposes: first, it sought to better protect
citizens from unwarranted or unjustified contempt charges; second, it sought to protect judicial
officers from unwarranted threats and attacks on their authority; and third, it strengthened the
existing penalties for willful disobedience to court orders (civil contempt). In other words, this
amendment has been beneficial not only for individuals but also for society as a whole.

The Reformation Required in the Contempt of Court Act of 1971

In India, the freedom of speech is significantly governed by the Contempt of Court Act of 1971.
However, because of this law's expansive scope and possibility for confusion, there is an
increasing demand for revision. This legislation was first adapted from England, where the
offence of "scandalising the court" was abolished in 2013, partly as a reaction to the rising use of
social media to criticise the legal system. The Act has occasionally been utilised by judges in India
to punish people who disobey court orders or abuse their authority. Unfortunately, this has
resulted in an increasing abuse of this authority, placing an unnecessary time and resource
strain on the judicial system.
The general public and people in positions of authority could both gain from amending the
Contempt of Court Act of 1971. By eliminating the reliance on ambiguous interpretations and
ensuring that the sentence is preceded by a better knowledge of the accused contemptuous
behaviour, such improvements would enable more open and fair expression.

India's contempt of court is of two types:


1. Civil Contempt
Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as
wilful disobedience to any judgment, decree, direction, order, writ, or other processes of a court
or wilful breach of an undertaking given to a court.

Certain elements are required to establish different types of contempt of court. For Civil
contempt, the following essentials are
• the making of a valid court order
• knowledge of the order by respondent
• ability of the respondent to render compliance
• wilful disobedience of the order

2. Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as
the publication (whether by words, spoken or written, or by signs, or by visible representation, or
otherwise) of any matter or the doing of any other act whatsoever which:
• Scandalises or tends to scandalize, or lowers or tends to lower the authority of, any
court, or
• Prejudices, or interferes or tends to interfere with the due course of any judicial
proceeding, or
• Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration
of justice in any other manner.

Limitation
The limitation period for starting contempt proceedings is established at one year from the day
on which the alleged contemptuous act occurred, as per Section 20 of the Contempt of Courts
Act of 1971.
Whether contempt proceedings were started by the court on its own or through an application,
they must be started within the time specified by Section 20 of the Indian Penal Code. When an
act of contempt, such as embarrassing the court or interfering with the administration of justice,
occurs, the statute of limitations for criminal contempt proceedings starts to run. Therefore, no
court may begin any kind of contempt proceedings more than a year after the alleged
contemptuous act occurred.
It is essential to appreciate how crucial it is to uphold this statute of limitations because it
protects those who are accused of contempt. The establishment of a deadline for the completion
of such proceedings ensures that those accused are not constantly threatened with the
possibility that their case will be pursued endlessly or lose significance over time. As a result, this
precaution shields people from unnecessary hardship and uncertainty if they become involved
in legal conflicts.

Procedure Applicable to Contempt Proceedings:


To understand the procedure applicable, we need to understand the nature of the contempt as
well, the procedure goes as-

Recognising the nature of contempt proceedings


• When judicial processes are impeded or disrupted, contempt of court procedures
results.
• Examples include releasing defamatory material about a judge, ignoring court orders, or
offering false testimony.
• Contempt procedures fall outside of this dichotomous classification because they are
neither criminal nor civil.
Procedures for Contempt Cases Conducted in the Face of a Record Court
• The applicable procedures for contempt proceedings involving Articles 129 (Supreme
Court) and 215 (High Courts), respectively, are defined in Sections 14 and 15.
• The Supreme Court and the High Courts have the inherent authority to punish contempt
without requesting outside assistance.
• This wide-ranging authority enables courts to change processes as necessary, although
prudence is essential to guarantee justice.
• Contemnors must have lots of chances to defend themselves.
• They must first face specific accusations before facing any penalties.
• The Contempt of Courts Act shall serve as the framework for the procedure, ensuring
fairness and justice.
Flexibility
• Even while there are rules to follow, courts are free to decide how to handle contempt
matters.
• They are free to choose the course of action as long as it abides by the rules of justice
and fairness.

The Contempt of Courts Act (1971), which governs contempt proceedings, deals with
interference with the judicial system. These legal actions don't fit into either the civil or criminal
categories. Procedures for cases heard in court and outside of it are outlined in Sections 14 and
15, respectively. Courts of record, including the Supreme Court and High Courts, have the right
to penalise contempt without referring the matter to an outside party, but they must use this
authority carefully to uphold fairness and justice.
Cognizance and Procedure in case of contempt in the face of court:

When someone disrespects the court or interferes with its business, it is considered contempt of
court. For cases before the Supreme Court or High Court, precise guidelines are laid out under
Section 14 of the Contempt of Courts Act, 1971, to address this. The individual charged with
contempt is first given written notice of the allegations. They are allowed to defend themselves,
tell their side of the story, and offer any supporting documentation. The court decides on the
proper punishment or action after hearing from both parties.
During the trial, a person who has been charged with contempt may request bail. This entails
they may be allowed to leave custody in exchange for a pledge to appear at all upcoming court
dates. Additionally, the data that the judge used to submit the case to the Chief Justice is taken
into account during the trial. These regulations help maintain public respect for the court, which
is essential for sustaining the court's dignity and achieving just justice. They also serve to deter
disrespectful behaviour towards the court.

The procedure of Criminal Contempt outside the court:

Criminal contempt, often referred to as constructive contempt, takes place outside of the
courtroom but still challenges the legitimacy of the court. This includes acting disrespectfully
towards judges or other court employees, disregarding court orders, and making false claims
about the conduct of a judge or law enforcement official.
The court itself, the Advocate General, another party with the Advocate General's permission, or
law officers representing High Courts in Union Territories as informed by the Central
Government may all initiate a motion for constructive criminal contempt. Notifying the accused
party, requesting their explanation, submitting a charge sheet with supporting evidence, and
then holding a trial by the appropriate judicial authority are all steps in the correct method. If
found guilty, the appropriate provisions dictate the consequences, which may include
imprisonment.
Punishment for Contempt of Court:
High Court and Supreme Court are bestowed with the power to punish for contempt of the
court.
Under Section 12 of the Contempt of Court Act, 1971, contempt of court can be punished with
simple imprisonment for a term which may extend to six months, with a fine which may extend
to two thousand rupees, or both.
In civil cases, if the court considers that a fine will not meet the ends of justice and that a
sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment,
direct that he be detained in civil prison for such period not exceeding six months as it may think
fit.
An accused may also be discharged or the punishment awarded may be remitted on an apology
being made by the accused to the satisfaction of the court. An apology is not supposed to be
rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
Defenses allowed in a Contempt proceeding:

Clause (b) of Section 13 of the Contempt of Court Act, 1971 was introduced recently by the 2006
amendment, allows the accused to raise the defense of justification by the truth of such
contempt, if the court is satisfied that it is in the public interest and the request for invoking the
said defense is bona fide.

However, no court shall impose a sentence under this Act for contempt of court unless it is
satisfied that the contempt is of such a nature that it substantially interferes, or tends
substantially to interfere with the due course of justice.

Defences In Civil Contempt

The defences available in a civil court are-


Lack of Knowledge of the Court Order: People cannot be held in contempt if they are not
aware of the court order, hence, it is the successful party's duty to legally serve the order on the
defendant.
Disobedience Caused by Uncontrollable Factors: As long as disobedience was unintended and
not willful, contempt may be justified by demonstrating that it was caused by events beyond the
accused's control, such as mishaps or procedural problems.

Defenses In Criminal Contempt:

The importance of striking a balance between the right to free speech and the necessity to
preserve the honour and efficiency of the legal system is highlighted by defences. They make
sure that people or organisations aren't unduly punished for deeds that are innocent or
represent lawful reporting on judicial processes. The defences available against criminal
contempt are-
Section 3: If someone is charged with releasing anything that allegedly obstructs or interferes
with ongoing legal or criminal procedures, they may be exempt from punishment if they can
show they had no cause to suspect such proceedings were occurring at the time the material
was published.
Section 4: This defence covers accurate accounts of court cases or any aspect of them. It is
founded on the idea that justice should be transparent and available to the public so that
everyone may fully comprehend the legal system. In most cases, publishing a fair and accurate
report does not amount to contempt. To be eligible for immunity under this clause, anyone
making use of this defence might need to present proof that such a report exists.

Essentials of Contempt of Court

If a person named Akash has to prove that the other person named Sita is guilty of
committing an act which is an offence in a court of law. Then he has to show the court
that the offence which Sita has done is fulfilling the essential required to commit that act
or not. If the essentials of that will be fulfilled then he will be liable for that act. Similarly,
every offence has certain exceptions that has to be fulfilled for making the person liable
for doing that act. Contempt of Court also has certain essentials and these are as follows:

1. Disobedience to any type of court proceedings, its orders, judgment, decree,


etc should be done ‘willfully’ in case of Civil Contempt.
2. In Criminal Contempt ‘publication’ is the most important thing and this
publication can be either spoken or written, or by words, or by signs, or by
visible representation.
3. The court should make a ‘valid order’ and this order should be in
‘knowledge’ of the respondent.
4. The action of contemnor should be deliberate and also it should be clearly
disregard of the court’s order.

Contempt committed outside the court

Criminal Contempt rather than Civil Contempt committed outside the Court. Section
15(1) of the Contempt of Court Act, 1971 deals with the notice of Criminal Contempt by
Court of Record such as the Supreme Court and the High Court. Following manners can
be taken by the Supreme Court and the High Court for cognizance of the Criminal
Contempt:

1. On the motion of court of records.


2. On the motion of the Advocate General of the Supreme Court and the High
Court.
3. If any person proceeds the motion with the consent of the Advocate General in
writing.
4. If the law officer who is related to the High Court for the Union Territory of Delhi
as the Central Government notify proceeds the motion. Then it can be
considered as contempt committed outside the court.
Section 15(2) of this Act states that in the criminal contempt of the subordinate court, the
high court may take certain actions in the manner given in this Act.

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