This article is written by Arif Hussain, Swat University, Final-Year Law Student, during his internship at LeDroit India.
Keywords
Commission, Appointment, Functions, Legal framework, Constitutional provisions, Inquiry
Abstract
The role of commissions in governance and the legal system is indispensable for addressing public grievances ensuring accountability and upholding justice. Commissions are often created under constitutional or statutory provisions such as the Commissions of Inquiry Act 1952 or through judicial orders. Their functions vary from conducting investigations to making policy recommendations. This article discusses the appointment processes
functions and challenges of commissions with references to key judgments and statutory provisions.
Introduction
Commissions act as independent or quasi-judicial bodies created to address specific problems that require in-depth investigation or expertise. Their functions are vital for maintaining public trust and upholding constitutional principles. Constitutional bodies like the Election Commission of India (ECI) and statutory commissions such as the National
Human Rights Commission (NHRC) play essential roles in ensuring governance and transparency.
Governments across the world have utilized commissions to investigate critical issues such as corruption violations of human rights and public service grievances. In India the constitutional and legislative framework for commissions is robust making them one of the most effective tools for inquiry and administration.
Appointment of a Commission
The appointment process depends on the type and purpose of the commission. Commissions may be constitutional statutory or ad hoc in nature.
1. Constitutional Commissions
• Articles such as Article 324 (Election Commission) and Article 315 (Public Service Commission) of the Indian Constitution lay down provisions for the appointment of commissions.
• Members of constitutional commissions are appointed by the President or the Governor depending on their jurisdiction.
• Example: The Finance Commission constituted under Article 280 advises on the distribution of financial resources between the center and states.
2. Statutory Commissions
• These commissions are constituted under specific legislative acts. The Commissions of Inquiry Act 1952 empowers governments to create commissions to address matters of public importance.
• Example: The Liberhan Commission established under the Commissions of Inquiry Act investigated the Babri Masjid demolition.
3. Ad Hoc Commissions
• Ad hoc commissions are set up for specific purposes such as investigating public grievances or allegations of corruption.
• Judicial orders may also mandate the creation of commissions. For instance in Vishakha v. State of Rajasthan guidelines for workplace harassment committees were introduced.
Functions of a Commission
Commissions perform diverse roles depending on their mandate. Their primary functions include:
1. Investigative Role
Commissions conduct inquiries into matters requiring impartial and expert investigation. Examples include:
• The Shah Commission (1977) investigated abuses during the Emergency in India. • The Liberhan Commission examined the events surrounding the Babri Masjid demolition.
2. Advisory Role
Statutory and constitutional commissions often act as advisory bodies. For example: • The Law Commission of India recommends legal reforms to ensure the justice system remains efficient and relevant.
• The Finance Commission advises on the distribution of financial resources. 3. Administrative Role
Commissions like the Election Commission of India play an administrative role by overseeing free and fair elections.
4. Quasi Judicial Role
Certain commissions have quasi-judicial powers such as summoning witnesses and examining evidence. For instance:
• The National Human Rights Commission (NHRC) investigates human rights violations and provides remedies to victims.
Illustrations and Examples
Landmark Case Law:
• Election Commission of India vs Subramaniam Swamy (1996) The Supreme Court emphasized the independence of the Election Commission, ensuring free and fair elections as a cornerstone of democracy.
Recent Case Law:
• Aruna Roy vs Union of India (2002)
The court acknowledged the role of commissions in shaping education policy in line with constitutional principles.
Illustration (IPC):
• Section 197 of the IPC provides for inquiries into allegations of corruption against government officials often requiring the establishment of commissions.
Challenges in the Functioning of Commissions
Despite their importance commissions face several challenges:
• Delays: Many commissions take years to submit reports reducing their relevance and impact.
• Limited Powers: Recommendations made by commissions are often non-binding, leading to inaction.
• Political Interference: The independence of commissions is sometimes compromised due to political pressures.
• Resource Constraints: Lack of adequate funding and manpower affects their efficiency.
Conclusion
Commissions are indispensable for maintaining governance and justice in a democratic system. Their investigative advisory and quasi-judicial functions enable them to address grievances and suggest reforms effectively. However challenges such as delays lack of enforcement powers and political interference must be addressed through structural reforms. Strengthening commissions can ensure their relevance and efficiency in addressing issues of public concern.
References
• Commissions of Inquiry Act, 1952 Link
• Election Commission of India v. Subramaniam Swamy, 1996 Link
• Vishakha v. State of Rajasthan, 1997 Link • Shah Commission Report, 1977
