BASIS OF THE POWER OF INQUIRY IN AID OF LEGISLATION The Congressional power of inquiry is expressly recognized in Section 21 of Article VI of the

Constitution: SECTION 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. Even without this express Constitutional provision, the power of inquiry is inherent in the power to legislate. The power of inquiry, with process to enforce it, is grounded on the necessity of information in the legislative process. If the information possessed by executive officials on the operation of their offices is necessary for wise legislation on that subject, by parity of reasoning, Congress has the right to that information and the power to compel the disclosure thereof. NATURE OF THE POWER: Why is inquiry in aid of legislation important under the separation of powers? Under the separation of powers, Congress has the right to obtain information from any source even from officials of departments and agencies in the executive branch. It is this very separation that makes the congressional right to obtain information from the executive so essential, if the functions of the Congress as the elected representatives of the people are adequately to be carried out. LIMITATIONS ON THE POWER Yes. As now contained in the 1987 Constitution (Section 21, Article VI), the power of Congress to investigate is circumscribed by three limitations, namely: (a) it must be in aid of its legislative functions, (b) it must be conducted in accordance with duly published rules of procedure, and (c) the persons appearing therein are afforded their constitutional rights, including the right to be represented by counsel and the right against self-incrimination. In addition, even where the inquiry is in aid of legislation, there are still recognized exemptions to the power of inquiry, which exemptions fall under the rubric of executive privilege.