Q. Consider the following statements regarding State Human Rights Commission:
1. It is established by the respective state legislature.
2. Only a retired Chief Justice of a High Court can become its chairperson.
3. Members of the State Human Rights Commission are recommended by a committee headed by the Chief Minister.
4. The members of the State Human Rights Commission can be removed only by the President of India.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect.The Protection of Human Rights Act of 1993 provides for the creation of not only the National Human Rights Commission but also a State Human Rights Commission at the state level. They are not created by separate state legislation.
Statement 2 is incorrect.Under the original Act, the chairperson of a SHRC is a person who has been a Chief Justice of a High Court. The amendment of 2019 changed this to provide that a person who has been Chief Justice or Judge of a High Court will be chairperson of a SHRC.
Statement 3 is correct.The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.
Statement 4 is correct.Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor). The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.
