Commission of Inquiry powers permit fact-finding on public importance, subject to limited review for arbitrariness or bad faith.
Section 3 of the Commissions of Inquiry Act permits a statutory, inquisitorial fact-finding inquiry where the Government bona fide considers investigation of a definite matter of public importance necessary. Judicial review of that administrative satisfaction is limited to mala fides, irrelevant considerations, irrationality, procedural impropriety, or non-application of mind. Prior reports under an earlier executive arrangement do not prevent a fresh statutory inquiry where relevant material is considered and the decision receives ministerial approval. The inquiry notification remained valid for charges other than charges 4 and 14, which required separate administrative attention because of an earlier finding and insufficient consideration of vagueness. The Article 14 discrimination objection failed for want of material establishing unequal treatment.
Issues: (i) Whether the impugned notification appointing a Commission of Inquiry was vitiated by mala fides, non-application of mind, or unreasonableness in the exercise of power under Section 3 of the Commissions of Inquiry Act, 1952; (ii) Whether the notification was discriminatory and violative of Article 14 of the Constitution of India.
Issue (i): Whether the impugned notification appointing a Commission of Inquiry was vitiated by mala fides, non-application of mind, or unreasonableness in the exercise of power under Section 3 of the Commissions of Inquiry Act, 1952.
Analysis: The power under Section 3 is an inquisitorial fact-finding power meant to enable the Government to collect information on a definite matter of public importance. Judicial review is confined to illegality, irrationality, procedural impropriety, bad faith, and decisions based on irrelevant considerations or non-application of mind. The existence of prior reports under an earlier executive arrangement did not bar the Government from forming a fresh opinion and ordering a statutory inquiry, especially where the files showed consideration of the material and approval by the Council of Ministers. On the record, the Government's decision was not arbitrary, mechanical, or perverse. However, the material relating to two charges stood on a different footing, namely the earlier finding on one charge and the absence of advertence to the vagueness found in another.
Conclusion: The notification was valid and lawful in respect of the charges other than charges 4 and 14, and the challenge on mala fides, non-application of mind, and unreasonableness failed.
Issue (ii): Whether the notification was discriminatory and violative of Article 14 of the Constitution of India.
Analysis: The plea of discrimination was not substantiated by the necessary factual material. The circumstances relating to the alleged comparable enquiry were not placed before the Court, and the record was insufficient to assess any claim of unequal treatment or hostile discrimination.
Conclusion: The Article 14 challenge was rejected.
Final Conclusion: The Original Petition failed. The impugned inquiry notification substantially survived judicial scrutiny, with only the treatment of charges 4 and 14 indicated as requiring separate administrative attention.
Ratio Decidendi: A statutory Commission of Inquiry may be appointed under Section 3 when the Government bona fide forms an opinion that an inquiry into a definite matter of public importance is necessary, and such administrative satisfaction is reviewable only on limited grounds such as mala fides, irrelevant considerations, irrationality, or non-application of mind.