Appointment of Commission
Section 3 of the Commissions of Inquiry Act, 1952 deals with appointment of Commission. 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 [each House of Parliament or, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint a Commission of Inquiry for the p The Act came into force on 01 Oct 1952.
(1) 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 1 [each House of Parliament or, as the case may be, the Legislature 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 and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly:
Provided that where any such Commission has been appointed to inquire into any matter--
(a) by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same matter for so long as the Commission appointed by the Central Government is functioning;
(b) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States.
(2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman thereof.
2 [(3) The appropriate Government , at any stage of an inquiry by the Commission fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member).
(4) The appropriate Government shall cause to be laid before 1[each House of Parliament or, as the case may be, the Legislature of the State], the report, if any, of the Commission on the inquiry made by the Commission under sub-section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government.]
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Section 3, The Commissions of Inquiry Act, 1952 (Act 60 of 1952).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Goa Foundation vs M/s Sesa Sterlite Ltd.
Court's Decision & Legal Precedent
When a Supreme Court direction mandates the grant of 'fresh mining leases' in the context of expired leases and illegal mining, it means the State must grant new mining leases (not second renewals) in accordance with law. The grant of fresh mining leases is a policy decision within State's executive power, but such policy decisions must comply with constitutional provisions (Articles 14 and 39(b)), applicable statutes (MMDR Act, Environmental Acts), and must be based on relevant material and holistic application of statutory criteria. When mineral resources (other than spectrum) are alienated for commercial profit-maximization by private parties without any offsetting social or welfare purpose, the decision to not adopt competitive bidding (auction) methods - which are more preferable for revenue maximization - may be arbitrary and subject to judicial review. A decision to grant mining lease renewals that is hasty, ignores available material on violations, fails to comply with the granting authority's own policy, lacks application of mind to statutory criteria of 'interests of mineral development', and is timed to circumvent impending legal changes (new auction requirement), is not in accordance with law and is liable to be quashed. Second renewals of mining leases granted in violation of a prior Supreme Court judgment mandating fresh leases must be set aside.
On this section: Authority for appointing Justice M.B. Shah commission to inquire into illegal mining; findings adopted by Court as factual basis
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Alok Kumar v. Chairman, SIDCUL Enquiry Commission
Court's Decision & Legal Precedent
Commissions of Inquiry Act s.8-B notice must reflect formation of opinion and the material relied on; vague notices quashed; fresh notices only if material exists. DATE VERIFIED 2011-11-28 (order-5.pdf). Commission was appointed under s.3.
On this section: Court noted Commission appointed under s.3 and tested 8-B notices issued in that enquiry.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The question in Ajay Singh (supra) was whether the state government could rely on Section 21 of the General Clauses Act to rescind the notification by which it had appointed the member at the first instance. 62. This Court answered in the negative because Section 3 of the Commissions of Inquiry Act 1952 provided for the power to fill any vacancies whereas Section 7 provided for the only situation in which a Commission which was already constituted would cease to exist. This Court observed that the Commissions of Inquiry Act 1952 did not provide for the power to reconstitute a …
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… The question in Ajay Singh (supra) was whether the state government could rely on Section 21 of the General Clauses Act to rescind the notification by which it had appointed the member at the first instance. 62. This Court answered in the negative because Section 3 of the Commissions of Inquiry Act 1952 provided for the power to fill any vacancies whereas Section 7 provided for the only situation in which a Commission which was already constituted would cease to exist. This Court observed that the Commissions of Inquiry Act 1952 did not provide for the power to reconstitute a …
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… Ajay Singh & Ors. (supra). The question that arose for consideration in the said case is regarding replacement or substitution of the existing Member for the purpose of reconstitution of a Commission under the Commissions of Inquiry Act, 1952 by invoking power under Section 21 of the General Clauses Act. Section 3 of the Commissions of Inquiry Act gives power to fill a vacancy in the office of a Member of the Commission. As the manner of filling up the office of a Member of the Commission is expressly provided by Section 3, power under Section 21 of the General Clauses Act cannot be invoked to enlarge the government's power …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 of the Commissions of Inquiry Act?
Goa Foundation vs M/s Sesa Sterlite Ltd. (07 Feb 2018) is the leading judgment on this section among those set out below: Authority for appointing Justice M.B. Shah commission to inquire into illegal mining; findings adopted by Court as factual basis. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2011 to 2018.
How do I find court cases under Section 3 of the Commissions of Inquiry Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Commissions Inquiry Act 1952 3, section 3 Commissions Inquiry Act 1952, section 3 of the Commissions of Inquiry Act. People searching for it also type section 3 of the commissions of inquiry act 1952. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Goa Foundation vs M/s Sesa Sterlite Ltd. (07 Feb 2018).
What should I read with Section 3 of the Commissions of Inquiry Act, and has it changed?
3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Commissions of Inquiry (Central) Rules, 1972 (1972).
When did Section 3 of the Commissions of Inquiry Act come into force?
Section 3 of the Commissions of Inquiry Act, cited as Commissions Inquiry Act 1952 3, came into force on 01 Oct 1952, having been enacted on 14 Aug 1952. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Additional powers of Commission442 words
- 10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute391 words
- 5A. Power of Commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry351 words
- 12. Power to make rules311 words
- 7. Commission to cease to exist when so notified169 words
- 11. Act to apply to other inquiring authorities in certain cases131 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.