Commission Act
An Act to provide a structured appointment and working of a commission
Table of Content
1. Appointment of a Commission
2. Cabinet’s Role
3. Powers of Commission
4. Guilt of a nation
5. Petition to High Court
6. End of Commission’s work
7. Last Provision
1. Appointment of a Commission
(1) If the Cabinet is having the opinion that a commission should be appointed for a matter of Public Importance then the Cabinet can announce the same by:
a. Making a press release[via giving one document to all newspapers or journals in TSP] to declare the appointment of the commission.
b. Making a Region-wide telegram and announcing the appointment of a commission.
c. Making a Bill which shall be laid in the assembly and the commission shall be appointed by a simple majority.
(2) The Cabinet member declaring the appointment of commission shall include the following in the declaration. a. Date from which the commission shall begin the work.
b. Members of the Commission [former or current associate justice and chief justice can also be included if the cabinet feels their requirement].
c. Nature of the work.
d. Reason for appointment.
e. When will the commission submit its reports [daily, weekly, fortnightly, monthly. Time for a report submitted is flexible][if the commission is for a particular inquiry or investigation then the report shall be submitted when the commission feels its inquiry ends. If the cabinet ends such a commission then the incomplete report shall be given to cabinet].
f. Nature of Inquiry [Only if the commission is appointed to investigate or inquire].
2. Cabinet’s Role
(1) Once the Commission submits its report to cabinet, the Cabinet shall present the report to the assembly on public forum if it's of non-security matters and if it's of security matters then it shall be presented in private halls of forum and if required to the high court.
(2) If the Cabinet feels that the nature of inquiry isn’t working then via a Press Release or by a Region-wide telegram, the cabinet has the right to announce the new nature of inquiry.
(3) If the commission requires any sub-forum or any board’s access from forum, then the commission shall send a memorandum containing a list of boards/sub-forums which it wants access to and on cabinet approval the administration team shall be told to give the commission the access to those sub-forums/boards. If such a high level investigation happens then Chief Justice must be the head of the commission’s bench and all the movements this high level commission should happen unanimously.
3. Powers of Commission
(1) The Commission shall have the power to appoint any nation who it deems to have special knowledge of a related subject and can help the commission.
(2) The Commission shall have the power to decide where the commission’s inquiry/discussion [as applicable] shall happen [discord - private/public, Forum - private/public, any other method as of opinion].
(3) The commission shall have the power to call any nation having any position/privilege in order to get their statements and answers various questions from the commission.
(4) The Commission shall have the power to demand access to any file as applicable in commission’s opinion, but the demand should be unanimous from the commission.
(5) If the commission has a justified reason to conduct a trial within the commission’s boundaries on the nation that is possibly guilty then the commission shall need a bench majority and shall send a petition of approval’ to the High Court to allow the trial to happen, the court if unsatisfied by the reasons the trial shall not happen if approved by high court, the trial shall happen. A legal practitioner is required on Defense.
(6) All nations in the commission shall be considered as a ‘official of coalition’.
4. Guilt of a nation
(1) Any statements recorded by the commission in good faith from the nation shall not be used against that nation unless it is a confession.
(2) The Commission if starts a trial with court approval then the accused shall need a legal practitioner or him/herself to represent as Defense.
(3) If the Defense feels that the commission is not conducting the trial in an appropriate manner’ then the Defense shall have the right to file a petition in the high court which if accepted the trial shall come to an end and if requested by defense and accepted by the high court, the commission’s inquiry shall end. [The report till the case was closed shall be submitted to cabinet and so shall to assembly, if appropriate to High court]
(4) The nation can always appeal the verdict given by any commission to the high court.
5. Petition to High Court
(1) If any nation in TSP [Legislator as well as resident] isn’t satisfied by the appointment of a commission then that nation shall have a right to petition to question the appointment of that commission.
(2) Till the High Court gives its verdict on the petition, the work of the commission shall continue.
6. End of Commission’s work
(1) If the Cabinet feels that the working of a particular commission is superfluous then the cabinet shall have to pass a resolution [not bill] in the assembly and if passed declare the following:
a. Date from which the commission’s working shall cease to exist.
b. Date on which the commission is supposed to submit its last non-submitted report to cabinet. [It can be of a week or few days since the last submitted report]
7. Last Provision
(1) The Legislator Committee Act shall fall under this act.
(2) The Election Commission is a commission but shall not fall under the act and shall hereby remain Independent.
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