Commission of Inquiry Act, 1952:- Important Judgements

Important Judgments on Commission of Inquiry Act, 1952

Commission of Inquiry Act, 1952

This Act is made for the appointment of commissions to inquire into matters which are related or concerned or affect the public at large. This Act applies to the whole of India.

The Commissions of Inquiry Act provides for the appointment of commissions of inquiry and for vesting them with certain powers. This provision come under the preview of Administrative law.

Supreme Court in Ram Krishna Dalmia v. Justice Tendolkar, the Central govt. by notification, appointed which were promoted or controlled by a group of persons and whose shareholders had suffered losses due to the alleged it regularities and mallramalpr in their management, that appointment of Commission was challenged. The Court held that the conduct of an individual person or companies may prejudicially affect or threaten to affect the public well-being so the Commission is valid.

Also Read: 30 Important Case Laws/ Judgements on RTI

In the State of Jammu and Kashmir v. Bakshi Ghulam Mohammed, the Commission of Inquiry was appointed by the state government against the CM for enquiring into the abuse of his power and position. The appointment of the Commission was upheld by the court on the ground that the cleanliness of the public life in which the public should be vitally interested must be a matter of public importance even if the person in question has ceased to be a Minister or CM.

In the State of Karnataka V. UOI an Inquiry Commission appointment by the Union Government to inquire into certain allegations of corruption and misuse of the Government power by the CM and a few Ministers. The Supreme Court held the appointment of the commission if valid.

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. In the meantime of 68 years, this Act has been amended over five times:

The Commissions of Inquiry (Amendment) Act, 1971 (79 of 1971)
The Delegated Legislation Provisions (Amendment) Act, 1985 (4 of 1986)
The Commission of Inquiry (Amendment) Act, 1986 (36 of 1986)
The Commissions of Inquiry (Amendment) Act, 1988 (63 of 1988)
The Commissions of Inquiry (Amendment) Act, 1990 (19 of 1990)

Powers of commission

A commission of inquiry has the powers of a civil court are:

summoning and enforcing the attendance of any person from any part of India and examining her on oath.
requiring discovery and production of nay document.
receiving evidence on affidavits.
requisitioning any public record or copy thereof from any court or office.
issuing commissions for the examinations of witnesses or documents and
any other matter, which may be prescribed.