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COMMISSION OF INQUIRY[1]

QUESTION BANK

Q.1. What is meant by commission of Inquiry? Discuss fully appointments, powers and duties of the commission of Inquiry.

Q.2. What is Public Inquiry? Do you feel that it is short remedy to eye wash the general public?

SHORT NOTES

1. Vigilance Commission.
2. Write to have information.
3. Write a full dressed note on public inquiries.

SYNOPSIS

1. MEANING
2. OBJECT

III.  APPOINTMENT

1. WHAT COMMISSION CONSISTS
2. POWERS OF THE COMMISSION[S.4 & 5(4)]
3. DUTIES OF THE COMMISSION

VII. VIGILANCE COMMISSION-

1. a) Need of Vigilance Commission
2. b) Composition
3. c) Power and functions:-
4. d) Nature of the Commission
5. f) Procedure:
6. g) Jurisdiction:

I.  MEANING: –

         A commission of inquiry is constituted by the Government (either Central or State) under the Commission Of Inquiry Act 1952.  A Commission of Inquiry is set up to institute an inquiry and obtain a report in respect of any matter of public importance.  An inquiry commission may be appointed for inquiry into police firing, lock-up deaths, bomb explosions, train accidents, atrocities on Harijans, economic affairs, corruption cases, etc.

II. OBJECT: –

         The object of the appointment of the Inquiry Commission is to conduct a full and complete investigation into the circumstances of various cases that involve matters of public importance. Such an investigation provides complete information about the concerned incident or case. It helps the government decide its policies in the public interest or enables it to adopt a further course of action to meet similar circumstances. The commission report is merely recommendatory and not binding on the government.

III.   APPOINTMENT: –

         The Government, either on its own accord or on the legislature’s resolution, appoints the commission of Inquiry in a given case. S.3 of the Commission of Inquiry Act 1952 provides that the Central Government may appoint a commission of Inquiry concerning any matter enumerated in the Union List and the concurrent list[2]. Whereas the State Government may appoint a commission of inquiry concerning any matter enumerated[3] in the State list. However, a state government cannot appoint an inquiry into the same matter for which the union government has already appointed the commission. The appointment of a commission cannot ordinarily be challenged in court.

IV.   WHAT COMMISSION CONSISTS[4]?: –

         A commission consists of one or more members.  If there is more than one member, one acts as the commission’s chairman.  The ‘Chagla Commission’ was appointed to inquire into the Mundhra Deals, and Justice Kapur Commission was appointed to inquire into Mahatma Gandhi’s Assassination matter, which were one-man commissions. The Dalmia Enquiry Commission, on the other hand, consists of more than one member.

V. POWERS OF THE COMMISSION [S. 4 and 5(4)]: –

         The powers of the commission under S. 4 of the Commission of Inquiry Act while trying a suit shall be of a civil court, which extends to –

1. Summoning and enforcing the attendance of any person and examining him on oath.
2. Requiring the discovery and production of any document.

         iii. Receiving evidence on affidavits.

1. Requisitioning any public record or copy thereof from any court or office.
2. Issuing commissions for the examination of witnesses or documents.
3. Any other matter which may be prescribed.

vii. Under S.5(4), the commission shall be deemed a Civil Court. When any offence described in S.70, 175, 178, 179, 180, and 228 of the Indian Penal Code is committed in the view or presence of the commission, it may take action against the officer and punish him.

viii. Under S. 8, the commission has the power to regulate its own proceedings, including-

1. the fixing of places and times of its sitting
2. deciding whether to sit in public or not.

         The commission continues its act even in the absence or if there is any vacancy among its members.

VI. DUTIES OF THE COMMISSION[5]: –

         The Commission of Inquiry is neither a Judicial nor purely an administrative body.  The duties of the commission are: –

1. to investigate the matter assigned to it and find true facts.
2. record its findings.

iii. Send the report to the government. The report helps the Government prepare its policies but is not binding on it.

1. Not to violate principles of natural justice, especially an ‘Audi Alteram Partum’.
2. Prepare its own procedure for conducting an investigation. Etc.

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VIGILANCE COMMISSION[6]–

a.            Need of Vigilance Commission[7]:-S

Corruption is a serious problem in India. In 1962, the Santhanam Committee was appointed to study this problem and suggest measures to avoid corruption. This committee recommended the establishment of the Central Vigilance Commission as the highest authority at the head of the existing anti-corruption organisation.

b.            Composition: –

The Vigilance Commission was established in 1969. It consists of the following-

1. i) Directorate of general complaints and redress.
2. ii) The Directorate of Vigilance

         iii)      Directorate or Central Police organisation.

1. iv) The Ministry of Home Affairs, Govt. of India.

The head of the commission is designated as the Central Vigilance Commissioner.[8] and is appointed by the President for a term of 6 years or till he attains the age of 66 years, whichever is earlier. He can be removed from the office by the president on the grounds of misbehaviour if, after holding an inquiry, the Supreme Court finds him guilty thereof and recommends action against him. It is assisted by the Central Bureau of Investigation (C.B.I.).

c.             Power and functions:-

1. i) The commission’s main function is to coordinate the work of the vigilance officer subordinate to him and to operate vigilance machinery.
2. ii) General control and supervision must be exercised over the vigilance and anti-corruption work carried out in various ministries, departments, and public undertakings.

iii) It has been empowered to exercise general control and supervision over the vigilance and anti-corruption work carried out in various ministries, departments, and public undertakings.

1. iv) It has been further empowered to conduct an inquiry into transactions in which public servants are suspected of corruption and impropriety, including lack of integrity, misconduct, malpractices, misdemeanours, etc.

d.            Nature of the Commission[9]: –

The commission is an advisory body. The government’s acceptance of its advice is not binding.

e.             Procedure: –

After receiving the complaint, the commission refers it to C.B.I. or the concerned ministry or Department. After the investigation is complete, the investigation report is sent to the commission for advice.

f.              Jurisdiction: –

The jurisdiction of the Central Vigilance Commission extends to the matters to which the exclusive process of the Union Extends. The Government servants employed in the ministries and departments of the government of India and the Union Territories and the employees of the public sector undertaking, statutory corporations, port trust, etc., have been put within the commission’s purview.

However, the commission has restricted itself to the cases pertaining only to the Gazetted Officers and employees of the public undertakings and nationalised[10]. banks, etc., drawing a basic pay of rupees one thousand and above.

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[1] चैकशी आयोग

[2] समावर्ती सूची

[3] समाविष्ट [शामिल]

[4] समितीची रचना [समिति की संरचना]

[5] समितीची कर्तव्ये [समिति के कर्तव्य]

[6] दक्षता आयोग [सतर्कता आयोग]

[7] दक्षता आयोगाची गरज [सतर्कता आयोग की आवश्यकता]

[8] केंद्रिय दक्षता आयुक्त [केंद्रीय सतर्कता आयुक्त]

[9] आयोगाचे स्वरुप [आयोग की प्रकृति]

[10] राष्ट्रीयकृत