Commissions: Definition, Types, and Legal Aspects
Introduction
A commission under the Code of Civil Procedure (CPC) is an official directive issued by a court, appointing an individual known as a commissioner to perform specific tasks on behalf of the court. This process is essential for gathering evidence, conducting investigations, and facilitating the judicial process in various scenarios.
What is a Commission?
A commission involves instructing a commissioner to carry out tasks essential for the case's adjudication. These tasks may include local investigations, recording evidence, adjusting accounts, and more. The commissioner acts as an extension of the court, ensuring that specific judicial functions are performed efficiently and impartially.
Authority to Appoint a Commissioner
1. Court's Authority: Under Section 75 of the CPC, "the Court" has the authority to issue a commission. The court adjudicating the matter is responsible for appointing the commissioner, either upon the application of a party or suo moto (on its own initiative).
2. Eligibility of Commissioners: Commissioners are typically selected from a panel of qualified professionals established by the High Court. This panel includes individuals with the expertise required for the tasks. The commissioner must be independent, impartial, and possess the necessary skills to carry out the duties effectively.
3. Appointment Procedure: Each High Court has its own rules for appointing commissioners. For instance, the Delhi High Court Rules, 1967 (Chapter 10), outline the following procedure:
• Formation of a panel of commissioners, including young lawyers and a lady lawyer.
• Notification of vacancies to the bar, with applications forwarded to the High Court.
• The term of appointment is generally three years, extendable by the High Court but not exceeding six years.
Circumstances for Issuing a Commission
1. Examination of Witnesses (Order 26, Rules 1-8): A commission can be issued for examining witnesses under certain conditions:
• Sickness or Infirmity (Order 26 Rule 1): If a witness cannot attend court due to health reasons, a commission may be issued to record their evidence.
• Apprehension of Danger (Order 26 Rule 4): If a witness fears for their safety, the court may allow their evidence to be recorded through a commission.
• Pardanashin Ladies (Section 132): The attendance of pardanashin ladies may be exempted, allowing evidence to be recorded via commission.
• Civil or Military Officers (Order 26 Rule 4): Government officials whose presence affects public service can provide evidence through a commissioner.
• Persons Detained in Prison (Order 26 Rule 7): A commission can be issued to record evidence from individuals in custody.
2. Local Investigations (Order 26, Rules 9-10): The court can appoint a commissioner to conduct local investigations to clarify issues related to the case, such as property conditions or market value.
3. Adjustment of Accounts (Order 26, Rule 11): In cases involving complex financial matters, a commissioner can be appointed to scrutinize and adjust accounts.
4. Partition of Property (Order 26, Rules 13-14): A commissioner may be appointed to divide property as per the court’s decree in partition suits.
5. Scientific, Technical, or Expert Investigations (Order 26, Rule 10A): For cases requiring specialized knowledge, a commissioner with the appropriate expertise can conduct investigations and provide expert reports.
6. Sale of Property (Order 26, Rule 10C): In execution of a decree requiring property sale, a commissioner can be appointed to manage the sale and report on the proceedings.
7. Ministerial Tasks (Order 26, Rule 10B): Commissioners can also be appointed to perform administrative or ministerial tasks, such as preparing documents or calculations.
Powers and Duties of Commissioners (Order 26, Rules 16-18)
Commissioners have specific powers and duties, including:
• Examining Parties and Witnesses (Order 26 Rule 16): Commissioners can question individuals and request documents relevant to their tasks.
• Entering Property (Order 26 Rule 16): With court permission, commissioners may enter and search premises.
• Proceeding Ex Parte (Order 26 Rule 17): If a party fails to appear, the commissioner can proceed with the task without their input.
Remuneration and Expenses (Order 26, Rule 15)
The CPC does not specifically provide for remuneration of commissioners, but Rule 15 allows the court to direct the deposit of funds to cover the commissioner’s expenses. The court has discretion in determining the remuneration based on the complexity of the tasks performed.
Limitations on Commissioners
Commissioners are restricted from performing judicial functions, such as determining property values or making legal decisions. Their role is to assist the court by providing factual reports and evidence.
Evidentiary Value of the Commissioner’s Report (Order 26, Rule 10(2))
The report and evidence provided by the commissioner form part of the case record. The court evaluates this report, which can be challenged by the parties on valid grounds. The weight given to the commissioner’s report is determined by the court.
Conclusion
The commission process under the CPC is a critical tool for ensuring justice by delegating specific tasks to qualified individuals. This system enables the court to gather detailed and specialized information, facilitating fair and efficient case adjudication. Understanding the roles, powers, and procedures associated with commissions highlights their importance in the judicial process.
