The commission of inquiry act 1952. Commission of Inquiry Act, 1952: 2022-11-03
The commission of inquiry act 1952
Rating:
7,8/10
206
reviews
The Commission of Inquiry Act 1952 is a legislation enacted by the Parliament of India that empowers the government to constitute a commission of inquiry to investigate matters of public importance. The Act provides a legal framework for the government to conduct investigations into any matter that it deems necessary for the public good.
Under the Act, the government can appoint a commission of inquiry composed of one or more members, who are usually retired judges or high-ranking government officials. The commission is empowered to summon and examine witnesses, require the production of documents, and take other necessary measures to facilitate the inquiry.
The Act also provides for the protection of witnesses, who are granted immunity from prosecution for any evidence they give before the commission. This provision is intended to encourage witnesses to speak freely and truthfully, without fear of reprisal.
One of the most significant powers of the commission is its ability to recommend remedial measures to be taken by the government. The commission can make recommendations for the prosecution of individuals or organizations found to be responsible for any wrongdoing, as well as for the implementation of policies or reforms to prevent similar issues from occurring in the future.
The Commission of Inquiry Act 1952 has been used by the government to investigate a wide range of issues, including corruption, human rights abuses, and natural disasters. It has played a crucial role in uncovering the truth and holding individuals and organizations accountable for their actions.
However, the Act has also faced criticism for its lack of independence and transparency. Some have argued that the government has used the Act to shield itself from scrutiny and deflect attention away from its own actions. Additionally, the Act does not provide for the enforcement of the commission's recommendations, which can limit its effectiveness in promoting accountability and reform.
Overall, the Commission of Inquiry Act 1952 is a valuable tool for the government to investigate matters of public importance and hold individuals and organizations accountable for their actions. However, its effectiveness can be enhanced by ensuring its independence and transparency, and by providing for the enforcement of its recommendations.
Royal Commission on Espionage
But, if the investigation has to be extended to more than one state the Central Government shall appoint another Commission. The present Bill seeks to give effect to the provisions of the Bill as reported by the Joint Committee with some minor modifications which appears to Government to be necessary. After implementing these changes as mentioned above, there might be a possibility that the proper functioning of the system can be accomplished. Even the reports or the inquiry cannot be looked at as a judicial or administrative inquiry rather it is being exercised as a so-called administrative function. Construction of references to laws not in force in the State of Jammu and Kashmir.     History and background Before the ratification of the Commission of Enquiry Act, 1952 This Act is made for the appointment of commissions to inquire into matters which are related or concerned or affects the public at large. Your access and use of this website is subject to its Terms of Use.
Next
India Code: Commissions of Inquiry Act, 1952
The Commission shall be appointed after publishing in the Gazette of the concerned State within the prescribed period as provided in the notification. Short title, extent and commencement. Amendments Due to the loopholes in the original Act, there was a need to amend this act quite a few times and due to the flexibility in the constitution of our country, it was made possible. Construction of references to laws not in force in the State of Jammu and Kashmir. This Act applies to the whole of India provided it shall also apply to the state of Jammu and Kashmir. The appropriate Government shall also submit the Memorandum of action initiated within six months after submitting the report. The powers of the Commission include call for and insist on the attendance of a person and inspect him, necessitate the detection and production of any records, collect evidence, demand any public document or duplicate copy from the Court, provide commissions for the examination of records or witnesses or any other specified matters connected therewith.
Next
The Commissions of Inquiry Act, 1952
What kind of subjects can a Commission probe? Moreover, if the State Government has previously appointed a Commission, the Central Government shall not appoint another Commission to investigate the same subject matter. Also, there is no specific definition of public importance was given in the act which should be there because this is so subjective in nature for someone a particular issue might not be of public importance but for some, it may be an issue of public importance so there is a need to provide a specific definition of public importance through which we can easily determine whether the issue is of public importance or not. The Commission shall appoint assessors who are persons with special knowledge for the purpose of assisting and guiding the Commission in conducting inquiry. In an Inquiry under the Commission however there is no plaintiff or prosecutor, there is no defendant or accused and there is no lis or charge to be adjudicated. Commissions set up by the central government can make an inquiry into any matter relatable to any of the entries in List I Union List or List II State List or List III Concurrent List in the Seventh Schedule to the Constitution, while Commissions set up by state governments can look into entries in List II or List III. However on the dissolution of Fourth Lok Sabha, the Bill as reported by the joint Committee lapsed.
Next
Commission of Inquiry Act, 1952:
Demand for the commission of appointment of inquiry by political parties and other members of the society has become a demand of the day. The Court held that the conduct of an individual person or companies may prejudicially affect or threaten to affect the public well-being so Commission is valid. Such an agency is a tribunal. Topics Covered: Statutory, regulatory and various quasi-judicial bodies. Please consult legal experts with full details of your case before relying upon the advice given. Where a Commission has already been appointed by the Central Government to inquire a particular subject, the State Government shall not appoint another commission for the purpose of conducting inquiry on the same subject so long as the Commission appointed by the Union functions. The Commissions of Inquiry Act was amended by enacting The Commissions of Inquiry.
Next
Commissions of Inquiry Act, 1952
In any case, it cannot be said that the Commission of Inquiry would be liable for contempt of court if it proceeded to enquire into matters referred to it by the Government Notification. Furthermore, the Commission is also entrusted with certain additional powers as well. . But the surveys regarding the ground level implementation of these acts points the other way. Moreover, while it is not a court of law, the body in question performs an adjudicative role close to that of the courts.
Next
Commission Of Inquiry Act, 1952: Status And Relevance
The basic aim or purpose of the act is rulemaking, law enforcement, adjudication of dispute, supervision, licensing, collecting information and also taking action against the accused person. Additional powers of Commission. Under The Commissions of Inquiry Act, 1952, a Commission set up by the government shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908. The scope of the trial by the courts of law and the Commission of Inquiry is altogether different. The findings are not binding on the executive wither, but can be relied upon by courts as evidence. Commission to cease to exist when so notified.
Next
Commission of Inquiry Act, 1952 : status and relevance
In a criminal case, there is the prosecutor and an accused and a charge which the prosecutor may withdraw, with or without the permission of the Court as prescribed in the CPC. This Committee enquired into the exercise of certain ministerial powers and the wide powers that they have which might lead to the violation of human rights of citizens due to abuse and misuse of discretionary powers. Keeton cites an instance of the appointment of a committee of inquiry in 1667 by the House of Commons, following the fall of Clarendon, to investigate how the King and his Ministers had spent taxes voted by Parliament. While both central and state governments can set up such Commissions of Inquiry, states are restricted by subject matters that they are empowered to legislate upon. In State of Karnataka V. This inquiry held by a commission consisting of a single member, the former Chief Justice of the Bombay High Court, Mr. Edited by Prakriti Dadsena.
Next
THE COMMISSIONS OF INQUIRY ACT, 1952
The main recommendations of the Law Commis sion have generally been accepted by Government after considering the views expressed on those recommendations by the State Governments, Union territory Administrations and the Ministries of the Government of India. IMPACT In India, before the Commission of Inquiry Act was enacted, the Governments used to set-up committee and commissions by executive order. The Commissions of Inquiry Act, 1952 : Context: The West Bengal government has set up a Commission of Inquiry Lokur Commission , under the 1952 Act, to look into the alleged surveillance of phones using the Pegasus spyware developed by the Israeli cyber-intelligence company NSO Group. Power of Commission to appoint assessors. Know some terms of Types of social engineering attacks. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry.
Next
Act ID: 195260 Act Number: 60 Enactment Date: 1952-08-14 Act Year: 1952 Short Title: The Commissions of Inquiry Act, 1952 Long Title: An Act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers. For this cause, they set up inquiries that probe into specific matters that concern the public and the Government itself. For appointment of Commissions of Inquiry and for vesting such Commissions with certain powers. The appropriate Government is empowered under the Act to formulate rules to put into operation the provisions of the Act. Additionally, to the collection of views, the commission of inquiry serves the aim of gathering necessary data or facts regarding a specific subject of public importance. Chagla, related to certain investments of the funds of the Life Insurance Corporation of India alleged to have been improperly made.
Next
The State legislature shall appoint the Commission only after a resolution has been passed in the Parliament and the appropriate Government desires to appoint a Commission. While these subjects are in the State List, an argument could also be made that the subject matter of the inquiry essentially falls under the Central List. The appropriate Government shall have the authority to fill the vacancies in the Commission during the course of an investigation at any stage. Opinions expressed in any article are those of the author himself only. To give effect to the accepted recommendations of the Law Commission, the Commissions of Inquiry Amendment Bill, 1969 was introduced in the Lok Sabha on 21 st November, 1969 and was later on referred to a Joint Committee of Parliament.
Next