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Commission of Inquiry Act 1952

The Commission of Inquiry Act, 1952 is a significant Indian legislation that allows the government to establish commissions for investigating public interest matters, ensuring transparency and accountability. It outlines the powers, procedures, and responsibilities of these commissions, including the ability to summon witnesses and submit reports to the government. Case laws emphasize the limitations of commissions, ensuring they operate within their mandate and uphold principles of justice.

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94 views4 pages

Commission of Inquiry Act 1952

The Commission of Inquiry Act, 1952 is a significant Indian legislation that allows the government to establish commissions for investigating public interest matters, ensuring transparency and accountability. It outlines the powers, procedures, and responsibilities of these commissions, including the ability to summon witnesses and submit reports to the government. Case laws emphasize the limitations of commissions, ensuring they operate within their mandate and uphold principles of justice.

Uploaded by

Jairam Ck
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction to the Commission of Inquiry Act, 1952

The Commission of Inquiry Act, 1952 is an important piece of legislation in India


that empowers the central or state government to appoint commissions of
inquiry for investigating matters of public importance. The Act provides a
framework for the establishment of such commissions, defines their powers,
functions, and duties, and prescribes the procedure for conducting inquiries.
The aim is to ensure transparency and accountability by enabling independent
and impartial investigations into issues that affect the public interest.

The law was introduced with the intent to provide a structured process for
probing issues such as corruption, social unrest, public health, and any event or
situation of public concern. The findings of such commissions can serve as a
basis for government action and legislative reforms.

Features of the Commission of Inquiry Act, 1952


1. Establishment of Commission

Section 3 of the Act gives the central or state government the power to establish
a commission of inquiry by issuing a notification.
The government appoints a person or group of persons to act as the members
of the commission. These individuals are often judges, former judges, or experts
in a relevant field.
2. Powers of the Commission

Section 4 outlines the powers granted to the commission. These include powers
to summon witnesses, enforce attendance, administer oaths, and call for
documents.
The commission can investigate any matter referred to it by the government,
including events or situations of public concern.
3. Investigation Procedure

Section 5 details the manner in which the commission can conduct its inquiry. It
can summon witnesses, take evidence, and conduct investigations in a manner it
deems fit.
It also has the power to enter and inspect any place if necessary to assist in the
inquiry.
4. Report of the Commission

Section 8 requires the commission to submit a report of its findings to the


government, which can be made public or kept confidential depending on the
nature of the inquiry.
The report may also include recommendations for action, which the
government may choose to implement or reject.
5. Compensation for Witnesses

Section 11 allows the government to provide compensation to witnesses who


appear before the commission for the loss of earnings or any expenses incurred
due to their participation in the inquiry.
6. Legal Protection

Section 12 grants legal immunity to the commission and its members for actions
taken in good faith while performing their duties.
7. Government’s Discretion

Section 9 provides that the government can modify, extend, or discontinue the
inquiry at its discretion. The government also has the power to set the terms
and reference of the inquiry.
8. Confidentiality of Inquiry

The findings and reports of the inquiry are generally treated with confidentiality
until the government deems it necessary to make them public. The report may
be withheld or published in part, depending on the sensitivity of the matter.
Case Laws Related to the Commission of Inquiry Act, 1952
1. State of Gujarat v. Shri Ambalal, (1967) 3 SCR 363

Issue: Whether a commission of inquiry is empowered to make determinations


on the legality of certain government actions?
Ruling: The Supreme Court held that a commission of inquiry's role is limited to
making factual findings. It does not have the jurisdiction to decide legal matters,
which are within the purview of the courts.
2. K.K. Verma v. Union of India, (1954) AIR 318 SC

Issue: Whether the terms of reference of a commission can be contested by


parties involved in the inquiry?
Ruling: The Court held that the terms of reference can be challenged only on
grounds of improper constitution or lack of jurisdiction, but not on the merit of
the inquiry.
3. S. R. Bommai v. Union of India, (1994) 3 SCC 1

Issue: Whether the central government can use the findings of a commission of
inquiry to justify its actions regarding state governments?
Ruling: The Supreme Court ruled that the findings of a commission of inquiry
cannot serve as the sole basis for decisions that may infringe upon state
autonomy. The findings must be backed by substantial evidence.
4. S.P. Gupta v. Union of India, (1981) 1 SCC 87

Issue: Can a commission of inquiry be set up on matters affecting the


functioning of judicial independence?
Ruling: The Court acknowledged the right of the government to set up
commissions of inquiry but emphasized that commissions should not infringe
upon judicial independence or overreach the powers of the judiciary.
5. N. R. Madhava Menon v. Union of India, (1995) 3 SCC 77

Issue: Can the findings of a commission be challenged in a court of law?


Ruling: The Court held that the findings of a commission of inquiry are not
binding and can be subject to judicial review, especially if there is a clear
violation of principles of justice or procedural fairness.
Conclusion
The Commission of Inquiry Act, 1952 is a critical tool for the government to
investigate issues that are of public significance. It provides a legal mechanism
for holding inquiries into matters such as corruption, public unrest, or other
societal issues. The act offers a framework for the establishment, powers, and
functioning of commissions, but it also includes checks and balances to prevent
misuse of this power. The associated case laws underline the importance of
ensuring that commissions of inquiry operate within their mandate and the
principles of fairness and justice

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