About the BookThe commissions of inquiry are an age-old institution which even existed long before the passing of the Commissions of Inquiry Act, 1952. Its genesis can be traced to the practice of Parliamentary Committees to inquire into definite matters of public importance. The purpose of instituting such inquiry is to restore the public confidence and faith in the public institutions and the system that might have been shaken by the matter/event under inquiry.
The book presents section-wise commentaries on the Act as it exists and provides historical backdrop by tracing the amendments made in the Act since its enactment. It contains the text of all the amendment Bills and the amendment Acts.
Efforts have been made to make this book exhaustive and self-contained. The subject of inquiry commissions has been examined not just with reference to the Act but inquiries made in exercise of executive power too have been suitably referred to, which would help the concerned authorities in deciding as to which type of inquiry may be resorted to in a given case. Besides, references have been made to inquiries that may be instituted under other statutes. Up-to-date case laws have been included after going through all the major reported cases.
There are certain States that have made their own rules under the Act. These rules are not readily available, and therefore have been included in the book. The report of the Select Committee and two reports of the Law Commission of India on the Act have also been included in the book.
Text of certain notifications which have been subject matter of litigation, has been culled out from the reported cases by way of illustrations, and the relevant courts’ rulings thereon are briefly stated to focus on such aspects as have been questioned for being objectionable. Extracts of the terms of references of various commissions from the reported cases are also included in the book to indicate the range of the subjects of inquiries.
The book will be of use and interest to a wide cross-section of people, particularly those concerned directly or indirectly with law and justice in India. It will greatly serve the cause of inquiry commissions in the country.About the Author/sDr. Dharam Paul Sharma has the distinction of being a highly qualified legal dignitary having an illustrious career in law spanning over more than three and half decades. He is presently a Judicial Member in the Central Administrative Tribunal in the Principal Bench at New Delhi. Earlier, he has been Chairperson, Appellate Tribunal for Foreign Exchange, Member of Copyright Board, Foreign Exchange Regulation, Appellate Board, and Authority for Advance Ruling under Income Tax Act and Appellate Authority for appeals against the award of Sole Arbitrator for public sector undertakings in the Permanent Machinery for Arbitration in the Bureau of Public Enterprises. He superannuated from government service as Secretary to the Government of India and Member-Secretary, Law Commission of India. In this capacity, he has been instrumental in the preparation of many reports of the Law Commission in the fields of legal and judicial reforms.
Starting his career as an advocate at Delhi in the early seventies, followed by a teaching stint in Faculty of Law, University of Delhi, Dr. Sharma has been a member of Indian Legal Service and has served the Ministry of Law and Justice from 1989 to 2008 in various capacities. He has been a member of Indian delegation for negotiating Agreements of Mutual Assistance with foreign countries. He has excelled in scholarship by his active participation in international conferences and by his scholarly publications including a number of books and articles on diverse fields of law. He has been awarded the Status of Alumnus of Distinction by Kurukshetra University and National Law Day Award, 1999 for excellence in legal affairs.