The Commissions of Inquiry Act, 1952

A Commission of Inquiry is a hybrid of the judicial and the administrative limb of the state. It is Judicial in the sense that its findings can seriously affect the reputation of a person, though it is not a Court of law as it cannot give a binding verdict. Similarly, it is an administrative organ without the trappings and red-tapism that make them infamous. In essence, it provides for a fact-finding inquiry which reports its findings to the government appointing it - so that the government can be guided by the entire exercise undertaken by a Commission of Inquiry.

A Commission of Inquiry is a unique tool in the hands of the government for collection of information without the use of police and other coercive investigation methodologies and agencies. It has high acceptability amongst the public not only because of the stature of persons chairing these Commissions but also because of larger participation of the general public. The Mundhra Enquiry held by Mr. Justice Chagla, which led to the resignation of the then Union Finance Minister, Mr. T.T. Krishnamachari, is well known.

Prior to the enactment of the Commissions of Inquiry, 1952, the job used to be entrusted to Committees appointed by Resolutions of Parliament. The working of analogous laws in countries like England, Australia and Canada reinforced the case for a special enactment on the subject. Although modelled largely on the English Tribunals of Inquiry (Evidence) Act, 1921, the experience of its working in England gave its framers in India an idea to give a wider sweep to the Indian enactment than what is visible under English law. However, needless to say, law is not a static phenomenon but is a living organism. It cannot be said that in its present form, the Act has attained the sublime position that it was expected of. However, I am sure that experience and constant improvement would certainly enable the enactment to give the desired results.

Commissions of Inquiry appointed by successive governments at the Centre as also in the States have always been contentious - sometimes for the ‘timing’ of their appointment; sometimes for the reason of the ‘definite matter of public importance’ which is sought to be inquired into; sometimes for the reason of the ‘terms of reference’ appointing the Commission of Inquiry; sometimes for the reason of its ‘proceedings’ as they unfold and lastly, sometimes for issues relating to its report and findings.

This book is a complete hand-book on the subject. It not only contains a commentary on the subject, but also various connected relevant materials such as notifications of various important Commissions of Inquiry of the past, extracts of connected statutory provisions, report of Law Commission of India and report of the Royal Commission on Tribunals of Inquiry Act, 1966.

PART I
BARE ACT
PART II
COMMENTARY
THE COMMISSIONS OF INQUIRY ACT, 1952
(Act No. 60 of 1952)
Overview of the Act
1. Historical background of the Legislation
2. Statement of Objects and Reasons
3. Subsequent Amendments
4. Preamble
5. Legislative Competency
6. Constitutional Validity
7. Rules of Construction
S. 1. Short title, extent and commencement
S. 2. Definitions
S. 2A. Construction of reference to laws not in force in the State of J&K
S. 3. Appointment of Commission
S. 4. Power of Commission
S. 5. Additional Powers of Commission
S. 5-A. Power of Commission to utilize the services of certain officers, etc.
S. 5-B Power of Commission to appoint assessors
S. 6. Statements made by persons to the Commission
S. 6-A. Persons not obliged to disclose secret process of manufacture, etc.
S. 7. Commission to cease to exist when so notified
S. 8. Procedure to be followed by the Commission
S. 8-A Inquiry not to be interrupted by reason of vacancy or change, etc.
S. 8-B Persons likely to be prejudicially affected to be heard
S. 8-C Right of cross-examination and representation by legal practitioner
S. 9. Protection of action taken in good faith
S. 10-A Penalty for acts calculated to bring the Commission or any, etc.
S. 11. Act to apply to other inquiring authorities in certain cases
S. 12. Power to make rules

PART III
APPENDICES
App. 1. The Commissions of Inquiry (Central) Rules, 1972
App. 2. Original Bill No. 39 of 1952 as introduced in Parliament
App. 3. Report of Select Committee of Parliament on the Original Bill
App. 4. Twenty-Fourth Report of Law Commission of India, 1962
App. 5. Royal Commission on Tribunals of Inquiry, 1966
A. Tribunals of Inquiry (Evidence) Act, 1921
B. Special Commission Act, 1888
C. List of Inquiries held under the Tribunals of Inquiry (Evidence) Act, 1921
D. List of Witnesses who gave Oral Evidence
E. List of Witnesses who submitted Memoranda of Evidence
F. Commonwealth Legislation considered by the Commission
App. 6. Notifications/Terms of Reference of Some Important Commissions
1. Justice S.R. Tendolkar Commission
2. Justice S.R. Das Commission
3. Justice T.L. Venkatarama Aiyar Commission of Inquiry
4. Justice H.R. Khanna Commission
5. Statesman Inquiry Committee
6. Mir Iqbal Hussain Commission of Inquiry
7. Justice A.N. Grover Commission of Inquiry
8. Justice J.C. Shah Commission of Inquiry
9. Justice P. Jaganmohan Reddy Commission
10. Justice B. Lentin Commission of Inquiry
11. Justice S.T. Ramalingam Commission of Inquiry
12. Justice Liberhan Commission
13. Justice G.T. Nanavati Commission of Inquiry
14. Justice K. Venkatasami Commission of Inquiry
15. Sri Ramachenna Reddy Commission of Inquiry
16. Justice R.S. Pathak Inquiry Authority
17. Bhagalpur Riots Commission of Inquiry
App. 7. Extracts of Connected Statutory Provisions
1. Constitution of India
2. Code of Civil Procedure
3. Indian Panel Code
4. Code of Criminal Procedure, 1973
5. Indian Evidence Act, 1872
6. Contempt of Courts Act, 1971
App. 8. The Commissions of Inquiry (Amendment) Bill, 1971

B M PRASAD B.SC., B L
ADVOCATE, SUPREME COURT OF INDIA,
FORMER MEMBER, BIHAR SUPERIOR JUDICIAL SERVICE
EX-GOVERNMENT PLEADER
REVISING AUTHOR OF ‘MULLA THE CODE OF CIVIL PROCEDURE’ 17TH EDITION

AND

MANISH MOHAN BA (HONS.) LL.B., DIPLOMA IN CYBER LAW
ADVOCATE, SUPREME COURT OF INDIA