Administrative Control
Commission of Railway Safety under the control of Ministry of Civil Aviation
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.