The Commission of Railway Safety (earlier named as the Railway Inspectorate) is a high level statutory body charged with the responsibility for the inspection of new railway lines prior to their opening for passenger traffic, inspection of open lines, inquiries into serious Railway Accidents, and certain other duties connected with safety of railway operation as required under the Railways Act 1989.

    Prior to 1941, the Commission  (or the Inspectorate as it was then called) functioned under the control of the Railway Board.  In the wake of a serious accident in 1937, the Central Legislature considered that the Commission, which was charged with the responsibility for conducting inquiries into serious railway accidents as also for the inspection of Railways, should not function under the administrative control of the same executive authority whose work it was required to inspect and comment upon.  Accordingly, as per recommendation of the Pacific Locomotive Committee constituted by the Government in 1939 and the provisions of Section 181 (3) of Government of India Act of 1935, the Central Legislature passed a Resolution in 1940 recommending that the Railway Inspectorate should be placed under the administrative control of some authority of Government other than the Railway Board.  In pursuance of the Resolution, the Inspectorate was separated from the Railway Board and placed under the administrative control of the then Deptt. Of Communications with effect from 12th  May, 1941.  On 9th July, 1942.  this Deptt.  of Communication was bifurcated into two Departments viz (i) Post & Air Department and  (ii) War Transport Department.  The Railway Inspectorate was kept under the administrative control of Posts & Air Department.  Subsequently it was under the administrative control of Ministry of Communication, Ministry of Transport & Communication, Ministry of Tourism & Civil Aviation and Ministry of Civil Aviation from time to time.  It is seen that it has been continuously under the Ministry whichever held the portfolio of Aviation.
 
    To ensure the independence of the Commission, its cadre was separated from that of the Railway and the officers appointed from the Railways, to the Commission, severed their link with the Railway and ceased to be eligible for further appointments on the Railway.

    The question regarding the Ministry under which the Commission of Railway Safety should function was considered by three high level Railway Accident Committees constituted by the Government in the past and their recommendations and the decisions of the Government thereon are detailed below -

(A)    Railway Accident Committee 1962  ( Kunzru Committee):-

(Recommendation No.216) – In view of Public opinion in favour of its being under the Ministry of Transport and Communications (Controlling Ministry at that time), we refrain from making a positive recommendation and hope that the matter will be further considered by Parliament on the basis of our observations.”

Views of the Government-  “The Ministry of Civil Aviation are of the view that it is desirable to maintain the complete independence of the Railway Inspectorate and that to give confidence to public mind regarding this, it should continue to function under a Minister other than the Railway Minister.”

“The Ministry of Railways have considered the two alternatives viz., the Railway Inspectorate functioning under the Ministry of Civil Aviation as at present, or functioning under the Railway Ministry but independent of the Railway Board.  While technical functioning of the Railway Inspectorate will be better promoted by its working under the Railway Ministry, this arrangement is not likely to create complete confidence in the public mind about independence of the Railway Inspectorate and its findings into the causes of serious train accidents.  Accordingly, the Ministry of Railways are in agreement with the Ministry of Civil Aviation’s views that the Railway Inspectorate should continue to function under the latter Ministry as at present, in order that its findings may inspire complete public confidence.”

    The above views were endorsed by the Cabinet.

(B)Railway Accidents Inquiry Committee 1968  (Wanchoo Committee) -

(Recommendation No. 274) -  “It seems to us definitely advantageous  that the Commission of Railway Safety remains attached to another Ministry  so that its position as a body independent of the Railway Board would be, and remains, quite clear to the public.”

Views of the Government -    “Accepted”

(Recommendation No. 275)  -   “We have noted that during the past nearly three decades the Commission of Railway Safety has been attached to different Ministries from time to time depending upon the re-shuffling of portfolios and jurisdiction of various Ministries.  We recommend that from now on the Commission of Railway Safety should find a permanent anchorage and that this should be with the Ministry of Home Affairs.”

Views of the Government:-    “There appears to be mis-apprehension in this matter.  The Commission of Railway Safety has all along been attached to the Department of Civil Aviation and there has been only a change in the name of the Ministry of which the Department as formed a part.  The present arrangement is working satisfactorily and may continue.”

(C) Railway Accidents Enquiry Committee 1978 (Sikri Committee) - 

(Recommendation No. 259) - “The Commission of Railway Safety should be placed under the Ministry of Railways but independent of the Railway Board.”

Views of the Government -  “It would be in the best tradition and in maintaining public confidence if status quo in regard to the administrative control of the Commission of Railway Safety is maintained.”


The Appointments Committee of the Cabinet re-considered this issue in 1998 and decided to maintain status quo i.e. to keep Commission of Railway Safety under administrative control of Ministry of Civil Aviation.