Article 278 - Appointment Of Commission Of Inquiry

Print & Download»

(1) Subject to article 5 of this Constitution, the President shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest where -

(a) the President is satisfied that a commission of inquiry should be appointed, or

(b) the Council of State advises that it is in the public interest to do so; or

(c) Parliament, by a resolution requests that a commission of inquiry be appointed to inquire into any matter, specified in the resolution as being a matter of public importance.

(2) A commission appointed under clause (1) of this article may consist of a sole commissioner or two or more persons one of whom shall be appointed the chairman of the commission.

(3) A person shall not be appointed a sole commissioner or the chairman of a commission of inquiry under this article unless he is -

(a) a Justice of the Superior Court of Judicature; or

(b) a person qualified to be appointed a Justice of the Superior Court of Judicature; or

(c) a person who has held office as a Justice of the Superior Court of Judicature; or

(d) a person who possesses special qualifications or knowledge in respect of the matter being investigated.

(4) Subject to clause (3) of this article, where a commission of inquiry appointed under clause (1) of this article consists of more than two commissioners, other than the chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter being investigated.