The Commissions of Inquiry Act, 1952
The Commissions of Inquiry Act, 1952
Background:
The Commissions of Inquiry Act, 1952 was enacted by the Indian Parliament to provide a legal framework for setting up commissions or committees to inquire into matters of public importance or concern. These commissions are appointed by the government to investigate and report facts relating to particular issues, events, or allegations.
Objective:
To provide a legal mechanism for governments (Central or State) to appoint commissions or committees for inquiring into matters of public interest.
To establish procedures and powers for such commissions.
To ensure that inquiries are conducted in an orderly, fair, and transparent manner.
To assist the government in making informed decisions based on inquiry findings.
Applicability:
The Act applies to both Central and State Governments.
Commissions can be appointed to inquire into any matter of public importance.
The scope and terms of reference are defined by the government at the time of appointment.
Key Provisions of the Act:
1. Constitution of Commissions (Section 3)
The Central or State Government may appoint a commission or committee consisting of one or more persons.
The government defines the terms of reference, i.e., the subject matter and scope of the inquiry.
2. Powers of the Commission (Section 5 and 6)
The commission has powers similar to those of a civil court in summoning witnesses, enforcing attendance, requiring the discovery and production of documents, and receiving evidence on oath.
It can call for documents, records, and examine witnesses.
The commission may regulate its own procedure but must adhere to principles of natural justice.
3. Conduct of Inquiry
The commission is expected to conduct inquiry in a fair and impartial manner.
Parties involved may be allowed to appear and represent themselves or be represented.
The commission is not bound by strict rules of evidence but should be guided by fairness.
4. Reports (Section 8)
After inquiry, the commission submits its report to the government.
The government may publish the report or take further action based on its recommendations.
5. Penalties for Non-Compliance (Section 9)
Failure to comply with summons or obstruction of inquiry can attract penalties including fines or imprisonment.
6. Protection of Persons Acting in Good Faith (Section 11)
Members of the commission and persons assisting are protected from legal suits for actions done in good faith during the inquiry.
Importance of the Act:
Provides an official and legal mechanism to inquire into complex or sensitive matters.
Helps uncover truths and facts for administrative or legislative action.
Protects the rights of witnesses and ensures fair inquiry.
Assists governments in policy formulation or corrective action.
Enhances transparency and accountability in governance.
Relevant Case Law:
1. State of Punjab v. Human Rights Commission (1995) 2 SCC 210
Issue: Whether a commission appointed under the Act can be given powers similar to a civil court.
Held: The Supreme Court held that commissions do have powers like a civil court to summon witnesses and documents but are not courts and cannot try cases.
Principle: Commissions must act fairly but are limited to inquiry and reporting, not adjudication.
2. Union of India v. Sankalchand Hirachand (1961) AIR 166
Issue: Whether the report of a commission is binding on the government.
Held: The court held that the commission’s report is advisory and not binding on the government.
Principle: The government has discretion to act on or reject commission findings.
3. S.P. Gupta v. Union of India (1981) AIR 149
Issue: Whether the procedure of inquiry must follow the rules of natural justice.
Held: The Supreme Court emphasized that commissions must observe principles of natural justice such as hearing affected parties.
Principle: Fairness is a constitutional requirement even in administrative inquiries.
4. P. N. Haskar v. Union of India (1968) AIR 777
Issue: Whether refusal to produce documents before the commission amounts to contempt.
Held: The Court held that refusal to comply with summons of the commission can attract penalties under the Act.
Principle: The commission’s powers to enforce attendance and production of documents are robust.
Summary:
The Commissions of Inquiry Act, 1952 empowers governments to appoint commissions to investigate matters of public importance.
Commissions have quasi-judicial powers but do not conduct trials; their function is to inquire, investigate, and report.
The Act safeguards fairness, transparency, and due process during inquiries.
The government alone decides on the action to be taken based on the commission's report.
Courts have reiterated that commissions must follow principles of natural justice and their powers are limited to inquiry.
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