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:

In Acts dealing with subjects under the Concurrent List, powers are often vested in the "appropriate Government," which usually means both the Centre and the States can act within their spheres. The Commissions of Inquiry Act is a classic example.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Commissions of Inquiry Act, 1952, is a central legislation that empowers the government to appoint commissions to inquire into matters of definite public importance.

Step 2: Detailed Explanation:
Section 3 of the Act specifies the appointing authority. It states that the "appropriate Government" may, if it is of opinion that it is necessary so to do, by notification in the Official Gazette, appoint a Commission of Inquiry.
The term "appropriate Government" is defined in Section 2(a) of the Act. It means:
- The Central Government, in relation to any matter relatable to any of the entries enumerated in List I (Union List) or List II (State List) or List III (Concurrent List) in the Seventh Schedule to the Constitution.
- The State Government, in relation to any matter relatable to any of the entries enumerated in List II or List III of the Seventh Schedule.
Essentially, both the Central Government and the State Governments have the power to appoint a Commission of Inquiry within their respective legislative domains.

Step 3: Final Answer:
Therefore, an Inquiry Commission under the Act is appointed by the Central Government or the State Government, as the case may be.