Mr.Shailesh Gandhi's view on Court of Records

**colnrkurup** · 01-01-2009, 08:01 AM

Mr.Shailesh Gandhi, during his chat programme answered Mr.Karira that "CIC/SICs are court of records". I doubt correctness of this orders. CIC/SICs are not court of records and they do not even accept orders receprocally.

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**karira** · 01-01-2009, 10:11 AM

Sponsorer

Col Kurup,

I pointedly asked him this, in view of your earlier post in this forum on this subject and the disussions which resulted.

Other 2 questions I asked :

1. How muct time do each of the IC's and the CIC at the centre devote to administration/management/IT issues ?
Not Answered

2. Has CIC set the "norms" for the discharge of its functions, as mandated in Sec 4(1)(b)(iv) of the RTI Act ?
Answer: No, not as yet.

**rajub** · 01-01-2009, 11:35 AM

Is there any coded law to define "court of records"?

**sandeepbaheti** · 01-01-2009, 11:59 AM

Originally Posted by rajub

Is there any coded law to define "court of records"?

Here is a statement from UP Government's website about the Allahabad High Court:

The High Court is a Court of records which means that its work and proceedings serve as perpetual evidence. Its records are of sich high authority that their content cannot be challenged in any lower court. As a court of record, it has also the power to punish persons guilty of its contempt.
Source: Profile of Uttar Pradesh

If we go by this definition, CIC is definitely not a court of records.

Also, Articles 129 and 215 of the Constitution of India declare the Supreme Court and High Courts to be Court of Records. Article 129 states:

129. Supreme Court to be a court of record.—The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Article 215 has similar stipulation about every High Court.

**sandeepbaheti** · 01-01-2009, 12:18 PM

Another exctract from http://karnatakajudiciary.kar.nic.in...may_1_2003.pdf :

The Court of records envelopes all
such powers whose acts and proceedings are to be enrolled in a
perpetual, memorial and testimony. A Court which is itself
competent to determine the scope of its jurisdiction. The High
Court, as a Court of record, has a duty to itself to keep also its
records correctly and in accordance with law. Hence if any
apparent error is noticed by the High Court in respect of any
orders passed by it, the High Court has not only power but a
duty to correct it. The High Court’s power in that regard is plenary