Question

Under Section 3 of the Commission of Inquiry Act 1952, an Inquiry Commission is appointed by

• A. Central government or State government
• B. Union Public Service Commission
• C. State Public commission
• D. Supreme Court of India

Hint:

Commissions of Inquiry are executive functions to investigate matters of public importance. Therefore, the power to appoint them rests with the executive branch of government (Central or State), not with constitutional bodies like the UPSC or the judiciary.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks who has the authority to appoint a Commission of Inquiry under the Commissions of Inquiry Act, 1952.

Step 2: Detailed Explanation:
Section 3 of the Commissions of Inquiry Act, 1952, is titled "Appointment of Commission." It states:
"The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by the House of the People or, as the case may be, the Legislative Assembly of the State, by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance..."
The term "appropriate Government" is defined in Section 2(a) of the Act. It means:
(i) the Central Government, in relation to any matter relatable to any of the entries in List I or List II or List III in the Seventh Schedule to the Constitution; and
(ii) the State Government, in relation to any matter relatable to any of the entries in List II or List III of the Seventh Schedule.
This means both the Central Government and the State Governments have the power to appoint a Commission of Inquiry, depending on the subject matter. Therefore, option (A) is correct.

Step 3: Final Answer:
An Inquiry Commission under the 1952 Act is appointed by the appropriate government, which can be either the Central Government or the State Government.