Step 1: Understanding Section 3 of the Commission of Inquiry Act, 1952.
Section 3 of the Commission of Inquiry Act, 1952, grants the power to the Central Government or a State Government to appoint an inquiry commission to investigate matters of public importance.
Step 2: Explanation of Other Options.
- (b) Union Public Service Commission and (c) State Public Service Commission do not have the authority to appoint an Inquiry Commission under this Act.
- (d) The Supreme Court does not appoint inquiry commissions under this Act.
Step 3: Conclusion.
The correct authority to appoint an inquiry commission is the Central or State Government, making (a) the correct answer.
Ahmadi.(as he then was) speaking for himself and PunchhiJ., endorsed the rec ommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323A and 323B in the Constitution. After the incorporation of these two articles, Acts have been enacted where under tribunals have been constituted for dispensation of justice. Sufficient time has passed and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)