The commissions of inquiry are an age-old institution which even existed long before the passing of the Commissions of Inquiry Act, 1952. Its genesis can be traced to the practice of Parliamentary Committees to inquire into definite matters of public importance. The purpose of instituting such inquiry is to restore the public confidence and faith in the public institutions and the system that might have been shaken by the matter/event under inquiry. The book presents section-wise commentaries on the Act as it exists and provides historical backdrop by tracing the amendments made in the Act since its enactment. It contains the text of all the amendment Bills and the amendment Acts. Efforts have been made to make this book exhaustive and self-contained. The subject of inquiry commissions has been examined not just with reference to the Act but inquiries made in exercise of executive power too have been suitably referred to, which would help the concerned authorities in deciding as to which type of inquiry may be resorted to in a given case. Besides, references have been made to inquiries that may be instituted under other statutes. Up-to-date case laws have been included after going through all the major reported cases.There are certain States that have made their own rules under the Act. These rules are not readily available, and therefore have been included in the book. The report of the Select Committee and two reports of the Law Commission of India on the Act have also been included in the book. Text of certain notifications which have been subject matter of litigation, has been culled out from the reported cases by way of illustrations, and the relevant courts rulings thereon are briefly stated to focus on such aspects as have been questioned for being objectionable. Extracts of the terms of references of various commissions from the reported cases are also included in the book to indicate the range of the subjects of inquiries. The book will be of use and interest to a wide cross-section of people, particularly those concerned directly or indirectly with law and justice in India. It will greatly serve the cause of inquiry commissions in the country.
Book Contents
Acknowledgements; Preface; Tables of CasesVOLUME 1The Commissions of Inquiry Act, 1952; SECTION-1 Short Title, Extent and Commencement; SECTION-2 Definitions; SECTION-2A Construction of References to Laws not in Force in the State of Jammu and Kashmir; SECTION-3 Appointment of Commission; SECTION-4 Powers of Commission; SECTION-5 Additional Powers of Commission; SECTION-5A Power of Commission to Utilize the Services of Certain Officers and Investigation Agencies for Conducting Investigation Pertaining to Inquiry; SECTION-5B Power of Commission to Appoint Assessors; SECTION-6 Statements Made by Persons to the Commission; SECTION-6A Persons not Obliged to Disclose Secret Process of Manufacture of Goods in Certain Cases; SECTION-7 Commission to Cease to Exist when so Notified; SECTION-8 Procedure to be Followed by the Commission; SECTION-8A Inquiry not to be Interrupted by Reason of Vacancy or Change in the Constitution of the Commission; SECTION-8B Persons Likely to be Prejudicially Affected to be Heard; SECTION-8C Right of Cross-examination and Representation by Legal Practitioner; SECTION-9 Protection of Action taken in Good Faith; SECTION-10 Members etc. to be Public Servants; SECTION-10A Penalty for Acts Calculated to Bring the Commission or Any Member thereof into Disrepute; SECTION-11 Act to Apply to Other Inquiring Authorities in Certain Cases; SECTION-12 Power to Make RulesVOLUME 2Some Illustrations of Notification Appointing Commissions of Inquiry Appointed under the Act; Terms of Reference of Certain Commissions of Inquiry, Indicating the Purposes for which Commission can be Constituted; Selected Case Law Referencer; The Commissions of Inquiry Bill, 1952; Select Committee Report on the 1952 Bill; The Commissions of Inquiry (Amendment) Bill, 1971; The Commissions of Inquiry (Amendment) Act, 1971; The Delegated Legislation Provisions (Amendment) Act, 1985; The Commissions of Inquiry (Amendment) Ordinance, 1986; The Commissions of Inquiry (Amendment) Bill, 1986; The Commissions of Inquiry (Amendment) Act, 1986; The Commissions of Inquiry (Amendment) Bill, 1988; The Commissions of Inquiry (Amendment) Act, 1988; The Commissions of Inquiry (Amendment) Bill, 1989; The Commissions of Inquiry (Amendment) Act, 1990; The Commissions of Inquiry Act, 1952; The Commissions of Inquiry (Assessors) Rules, 1954 (Repealed); Rules for the Issue and Service of Summons by a Commissions of Inquiry (Repealed); The Central Commissions of Inquiry (Procedure) Rules, 1960 (Repealed); The Central Commissions of Inquiry (Procedure) Rules, 1964; The Commissions of Inquiry (Central) Rules, 1972; Commissions of Inquiry (Central) (Amendment) Rules, 1974; Commissions of Inquiry (Central) (Amendment) Rules, 1989; Extension of Central Rules to State of Sikkim; The Andhra Pradesh Commissions of Inquiry Rules, 1968; Jammu and Kashmir Commission of Inquiry Act, 1962; Jammu and Kashmir Commission of Inquiry Rules, 1964; Kerala Commissions of Inquiry Rules, 1958; The Commissions of Inquiry (Madhya Pradesh) Rules, 1981; The Commissions of Inquiry (Assessors) Maharashtra Rules, 1961; The Commissions of Inquiry (Manipur) Rules, 1993; The Orissa Commissions of Inquiry Rules, 1979; The Rajasthan State Commissions of Inquiry (Procedure) Rules, 1969; The Commissions of Inquiry (Tamil Nadu) Rules, 1972; The Commissions of Inquiry (Uttar Pradesh) Rules, 1985; The Commissions of Inquiry (West Bengal Amendment) Act, 1980; Law Commission of India, Twenty-Fourth Report (The Commissions of Inquiry Act, 1952); Law Commission of India, Seventy-Fourth Report on Proposal to Amend the Indian Evidence Act, 1872 so as to Render Admissible Certain Statements made by Witnesses before Commissions of Inquiry and Other Statutory Authorities, August, 1978; Relevant Extracts of the Indian Penal Code, 1860; (Chapter X, Section 172 to Section 190; Chapter XI Sections 190 to 229A) Relevant Extracts of the Code of Civil Procedure, 1908; (Sections 27 to 32, Sections 75 to 78, Orders V, XI, XIII, XVI, XIX, XXVI) Relevant Extracts of the Code of Criminal Procedure, 1973; (Chapter XXVI Section 340 to Section 352 Chapter VII, Section 91 to Section 105) Relevant Extracts of the Evidence Act, 1872; (Section 3, Section 74 to Section 90A, Chapter X Sections 135 to 165); The Public Records Act, 1993; The Kerala Enquiries and Summonses Act, 1960; The Kerala Enquiries and Summonses (Amendment) Act, 1962; Subject Index
About The Author
Dr. Dharam Paul Sharma has the distinction of being a highly qualified legal dignitary having an illustrious career in law spanning over more than three and half decades. He is presently a Judicial Member in the Central Administrative Tribunal in the Principal Bench at New Delhi. Earlier, he has been Chairperson, Appellate Tribunal for Foreign Exchange, Member of Copyright Board, Foreign Exchange Regulation, Appellate Board, and Authority for Advance Ruling under Income Tax Act and Appellate Authority for appeals against the award of Sole Arbitrator for public sector undertakings in the Permanent Machinery for Arbitration in the Bureau of Public Enterprises. He superannuated from government service as Secretary to the Government of India and Member-Secretary, Law Commission of India. In this capacity, he has been instrumental in the preparation of many reports of the Law Commission in the fields of legal and judicial reforms. Starting his career as an advocate at Delhi in the early seventies, followed by a teaching stint in Faculty of Law, University of Delhi, Dr. Sharma has been a member of Indian Legal Service and has served the Ministry of Law and Justice from 1989 to 2008 in various capacities. He has been a member of Indian delegation for negotiating Agreements of Mutual Assistance with foreign countries. He has excelled in scholarship by his active participation in international conferences and by his scholarly publications including a number of books and articles on diverse fields of law. He has been awarded the Status of Alumnus of Distinction by Kurukshetra University and National Law Day Award, 1999 for excellence in legal affairs.
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