However, the law as it has emerged from judicial decisions does not allow even truth to be a valid defense against charge of contempt of court. Also, the courts have sought to make a distinction between criticism made by a former judge and law minister which may be permissible and criticism by other citizens which must be "checked". This is anti-democratic and violative of the freedom of expression, right to equality and non-discrimination clauses. It is necessary that the contempt law and more particularly the exercise of powers under it are reviewed objectively and in an ordinary citizen-friendly perspective.
The Constitution Commission (NCRWC) suggested that it may be laid down by constitutional amendment that "it shall open to the court on satisfaction of the bona fides of the plea and of the requirements of public interest to permit a defence of justification by truth." The Commission had also suggested that no court other than the Supreme Court and the High Courts should be allowed to exercise any power to punish for contempt of itself.
The Contempt of Courts (Amendment) Bill 2004 passed by Lok Sabha on 22 February 2006 seeks to amend the original 1971 Act to provide that the court may permit, in any proceeding for contempt of court, justification by truth as a valid defense if it is satisfied that it is in public interest and the request for invoking it is bona fide. This is in acceptance of the NCRWC recommendation.