Commissions of Inquiry

Article Title: Commissions of Inquiry

05-06-2023

Polity & Governance Prelims Plus

Why is in news? Prime Minister notifies a Commission of Inquiry under the Commissions of Inquiry Act, 1952 to inquire into the incidents of violence in the state of Manipur

  • The Prime Minister has notified a Commission of Inquiry under the Commissions of Inquiry Act, 1952, chaired by Justice Ajai Lamba, former Chief Justice of Gauhati High Court, as members to inquire into the incidents of violence in the state of Manipur on 03.05.2023 and thereafter.
  • The Commission shall make inquiry with respect to the causes and spread of the violence, which took place in Manipur, and whether there were any lapses on the part of any of the responsible authorities or individuals.
  • The Commission shall submit its report to the Central Government as soon as possible but not later than six months from the date of its first sitting. The headquarters of the Commission shall be at Imphal.

Commission of Inquiry:

  • Commission of Inquiry is a Union or State government ordered public inquiry either by executive notice or by making ad hoc legislation under the Commission of Inquiry act, 1952.
  • In some cases the judicial courts have intervened and appointed commissioners to inquire into matters of public interest.
  • The states are restricted by subject matters that they are empowered to legislate upon, interms of appointing a commission.
  • If the central government set up the commission first, then states cannot set up a parallel commission on the same subject matter without the approval of the Centre.
  • But if a state has appointed a Commission, then the Centre can appoint another on the same subject if it is of the opinion that the scope of the inquiry should be extended to two or more states.
  • 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.
  • This means that the Commission has powers to summon and enforce the attendance of any person from any part of India and examine her on oath, and receive evidence.
  • It can order requisition of any public record or copy from any court or office.
  • The commissions set up by the central government can make an inquiry into any matter relatable to any of the entries in Union List or State List or Concurrent List in the Seventh Schedule to the Constitution, while Commissions set up by state governments can look into entries in State List or Concurrent List.
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