COMMISSION OF INQUIRY

There is some confusion about the power of the state govt with regard to appointment of a commission of inquiry under the commission of inquiry Act in legal and political circles.Media has also not been able to clear the confusion.Therefore i though it better to try to clear the confusion on an issue of public importance.
It is true that state govt has power to appoint a commission of inquiry,but when it comes to appointment of a sitting judge,the power is not absolute.There are two restrictions one created by another statue and the second one created by a judgment of supreme court.
There is an Act known as 'THE HIGH COURT JUDGES [SALARIES AND CONDITIONS OF SERVICE ACT]1954.
This Act defines 'ACTUAL SERVICE' of a judge in following terms.'TIME SPENT BY A JUDGE ON DUTY AS A JUDGE OR IN THE PERFORMANCE OF SUCH OTHER FUNCTIONS AS HE MAY DISCHARGE AT THE REQUEST OF PRESIDENT OF INDIA---'
So it is clear if a judge accepts an assignment with out a request from president of India ,it will be in violation of the law.For president to make such a request,she has to be approached through the union council of Ministers which is a requirement under constitution.
The second restriction is place by a judgment of supreme court which says that because of huge pendency and some other reasons sitting judges should not ordonarily be appointed as commission of inquiry.The judgment is reported inFEMN WALTER V/S UNION OF INDIA