Solution:Contempt of the House: Contempt of the House may be defined generally as any act or omission which obstructs or impedes the House of Legislature, or its committee or its members,or its officers in the efficient and effective discharge of their functions and duties or which has a tendency, directly or indirectly, to lower the dignity or prestige of the House, its committees or its members.
There is no statuary definition of "Contempt" of House. General principles governing the concept of contempt may, however, be gathered from journals and precedents.
They will serve as declarations of the law of the House. May gives a broad definition of Contempt of House as “...... any act or omission which obstructs or impedes either House of Parliament in the performance of its functions,
or which obstructs or impedes any member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt even though there is no precedent of the offence".
By long usage, offences in the nature of contempt have been styled "Breaches of Privileges". The later expression strictly should cover violation of or assault on Parliamentary privileges.
Indeed a number of contempt cases arise out of disregard of the privileges of members of the House of Legislature, or of the House collectively.
Mere encroachments on the rights of the House by obstruction and interference give rise to contempt which is not breach of privileges. So we may state the Breach of Privilege is an important aspect of the generic term "Contempt of House".
'Contempt' is any conduct which is disorderly, contumacious or disrespectful to the house, in the presence of the House or its committee whether indulges by the members, parties' witnesses or strangers will be contempt of House.
What is contempt is to be decided by the House. It can deem any act, language, slander or libel to constitute contempt and its judgements is final.
The principle underlying appears to be the same as in the case of contempt of the court of justice. The contempt may lie in any act or omission or any speech or publication impeding or obstructing House or its member in the performance of their function.
Actual obstruction is not necessary. A tendency, directly or indirectly, to produce such a result is enough. The House is the sole judge to determine what a contumacious act is.
The power of House to punish for contempt is a general power alike to that by superior courts of law and is not restricted to cases of breach of privilege.
Difference between Privilege and Contempt of the House: The difference between breach of privilege and contempt of the House is very narrow. A breach of privilege may amount to contempt of the House.
Likewise, contempt of the House may include a breach of privilege also. Contempt of the House, however, has wider implications. There may be a contempt of the House without specifically committing a breach of privilege.
The word contempt is not amendable to strict delimitation or definition. The sole authority to decide whether a contempt has been committed or not is the concerned House
it self. It is not possible to enumerate every act which might constitute a contempt of the House. However, some typical cases of breach of privilege and contempt are described below:
- Misconduct in presence of the House or committees thereof;
- Disobedience to orders of the House or its committee;
- Presenting False, Forged or Fabricated Documents to the House or Committees;
- Tampering with Documents presented to the House or its Committees;
- Speeches or Writing Reflecting on the House, its Committees or Members;
- Publication of False or Distorted Report of Debates;
- Publication of Expunged proceeding;
- Publication of proceedings of secret sessions;
- Premature Publication of Proceedings, Evidence or Report of a Parliamentary Committee of the House;
- Reflection on the Report of the Parliamentary Committee. Circulation of Petitions before presentation;
- Premature Publication of various other matters connected with the business of the House;
- Obstructing Members in the discharge of their duties;
- Attempts by improper means to influence members in their parliamentary conduct;
- Intimation of Members;
- Obstructing Officers of the House;
- Refusal of Civil Officers of the Government to assist Officers of House when called upon to do so;
- Molestation of Officers of the House;
- Obstructions and Molestation of witnesses and
- Tempering with witnesses.