In whose favor did the commission of enquiry give the judgement
Answers
Answer:
THE EMERGENCE of the technique of inquiries and investigations
has been one of the most striking developments of the modern administrative process. The ever expanding role of the modern state in the welfare
activities of its citizens has necessitated establishment of a system which
would enable the governments to ascertain facts of the given situation and
have full information about it. For, if this method does not completely
eliminate the scope of error, it does help in minimizing it. The government has to have a first hand information to take effective remedial measures. Although there are numerous enactments1
which authorize the
government to institute enquiries, the statute par excellence dealing with
the subject matter is the Commissions of Inquiry Act 1952. Under the
Act, various commissions2
have been appointed to investigate into matters
of diverse nature. During the course of the working of the Act, numerous
shortcomings and problems were noticed. The Central Government
requested the Law Commission of India to undertake a study of the Act
and make recommendations to introduce changes in it. As a result the
commission submitted a comprehensive report3
dealing with the matter.
On the basis of this report, the government introduced numerous amendments in the Act in 1971. Many of the shortcomings, however, continued
to linger on and they became more pronounced when a large number of
commissions were appointed in post-emergency period.
In this paper, I have selected two important problems for discussion:
First, regarding the institution of parallel proceedings in respect of same
matters before the conmission of inquiry and the court of law; and second,
regarding powers of the commission to punish for its contempt.
Explanation: