Meaning and Purpose of Commission of Inquiry
A Commission of Inquiry is a statutory fact-finding authority constituted by the Central or State Government to investigate matters of public importance. In India, such commissions are governed by the Commission of Inquiry Act, 1952. As per Section 3 of the Act, the government may appoint a Commission whenever it considers it necessary to inquire into a definite matter affecting public interest. The primary objective of a Commission of Inquiry is to collect facts, examine circumstances, and submit a detailed report to the government. It does not decide civil or criminal liability but assists the government in understanding complex administrative, political, or social issues. These commissions promote transparency, accountability, and public confidence in governance. Their role is advisory in nature, yet highly influential in shaping future governmental actions and legal reforms.
Powers and Functions under Law
The powers of a Commission of Inquiry are provided under Section 4 of the Commission of Inquiry Act, 1952. These powers are similar to those of a civil court under the Code of Civil Procedure, 1908. The Commission may summon witnesses, enforce attendance, require production of documents, receive evidence on affidavits, and requisition public records. Under Section 5, the government may confer additional powers such as examining witnesses on oath. Despite possessing quasi-judicial powers, the Commission cannot impose penalties or pass binding judgments. Its function is limited to inquiry and reporting. As per Section 3(4), the report is submitted to the government and may be placed before the legislature. Thus, the Commission functions as an investigative aid to the executive.
Legal Nature and Significance
A Commission of Inquiry is an administrative and investigative body, not a judicial authority. Its proceedings are inquisitorial rather than adversarial, focusing on discovering truth rather than adjudicating disputes. Courts have clarified that the findings of a Commission are not enforceable by themselves. However, their persuasive value is significant. The reports often form the basis for disciplinary proceedings, criminal investigations, legislative reforms, or policy decisions. The statutory framework of the Commission of Inquiry Act, 1952 ensures procedural fairness and legitimacy. Therefore, while the Commission does not deliver verdicts, it plays a crucial role in ensuring accountability, good governance, and strengthening the rule of law.
Real-Time Example
A prominent real-time example is the Justice M.B. Shah Commission, constituted under the Commission of Inquiry Act, 1952 to investigate illegal mining activities in various Indian states. The Commission exposed large-scale violations of environmental and mining laws, corruption, and massive loss to public revenue. Its findings led to the cancellation of mining leases, policy changes, and judicial intervention by higher courts. Though the Commission itself did not punish offenders, its report became the foundation for legal and administrative action. This illustrates the practical importance of Commissions of Inquiry in addressing large-scale public wrongs.
Mnemonic to Remember
The mnemonic “FACT-PR” helps in remembering the essentials of a Commission of Inquiry:
F – Fact-finding body
A – Appointed by Government
C – Civil court–like powers (Section 4)
T – Truth discovery, not trial
P – Public importance
R – Report with recommendations
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