10– Appointment(Sec 3) and powers(Sec 4) of
Commission constituted under Commission of
Enquiry Act 1952.
History and background
Before the ratification of the Commission of Inquiry Act, 1952, the government used to
order the public either by giving executive order or notice under the Public Servants
Inquiries Act,1850 or by making ad hoc committees (committees made for a special
purpose and after the purpose is fulfilled it gets dissolved). The Act is not specific to any
kind of matter, in fact, it includes almost all kinds of matters. The Chagla Commission is
the first inquiry of the independent India which created a bustling interest among the
people and was set up by the government of India to examine whether the funds of the
life insurance corporation of India have been properly utilized. The procedure that has
been ratified by the government was found to be burdensome and faulty.
So to satisfy the ever-growing need for the ever-increasing demand for public inquiries
by the independent and impartial authority. Hence, the need was felt that a suitable Act
is brought out on the subject, which results in the introduction of the Commissions of
Inquiry Bill, 1952 in the Parliament.
The Commissions of Inquiry Act, 1952 allows the appropriate government to appoint a
commission of inquiry by notification in the Official Gazette. The government can
appoint the commission if it deems it necessary, or if a resolution is passed by both
houses of parliament or the state legislature. The commission can have one or more
members, and if it has more than one, one member can be appointed as the
chairman. The government can also fill any vacancies that may arise during the inquiry.
The commission has several powers, including:
Appointing assessors
The commission can appoint people with special knowledge to assist and advise them
during the inquiry. These assessors are entitled to any prescribed travel and other
expenses.
Requiring information
The commission can require any person to provide information that it deems relevant
to the inquiry, subject to any privileges they may claim under the law.
Submitting a report
The commission must submit a report of its inquiry and a memorandum of any actions
taken within six months of completing the report.
The Enquiry Commission was appointed under the Commissions of Inquiry Act, 1952
which extends to the whole of India. The Commission of Enquiry is appointed for the
purpose of making an inquiry into any definite matter of public importance and perform
such functions accordingly.
