Role And Authority Of Inquiry Commissions Under The Civil Procedure Code

Shruthi Rajan, O. P. Jindal Global University

ABSTRACT

Inquiry commissions, governed by the Civil Procedure Code in India, play a pivotal role in the judiciary's quest for equitable resolutions to complex issues. This study explores their role, authority, and limitations within the legal framework. Sections 75 to 78 and Order XXVI delineate the provisions and procedures for issuing commissions, granting courts discretionary powers for various purposes such as examining witnesses, conducting local investigations, and making partitions. The authority and duties of commissioners, outlined in Rules 16 to 18, underscore their crucial function in gathering evidence and presenting reliable reports to aid judicial decision- making. While courts enjoy broad powers, they must operate within legal confines, ensuring the integrity of the process. Distinctions between commissions issued by civil courts and those by higher judicial bodies are also elucidated. Ultimately, inquiry commissions serve as indispensable tools, facilitating the pursuit of justice and upholding the rule of law within the Indian legal system.