Question 1

Consider the following statements regarding the composition of the National Human Rights Commission (NHRC):
1. The chairperson must be a retired Chief Justice of India.
2. It includes the Chairperson of the National Commission for Backward Classes as an ex-officio member.
3. Out of the full-time members with human rights experience, at least two must be women.
4. The total number of full-time members, including the chairperson, is six.
How many of the statements given above are correct?

Accepted Answer

Only two. Statement 1 is incorrect; the chairperson can be a retired Chief Justice of India OR a retired judge of the Supreme Court. Statement 2 is correct. Statement 3 is incorrect; at least one member (not two) must be a woman. Statement 4 is correct; the commission consists of a chairperson and five full-time members. Therefore, only two statements are correct.

Question 2

With reference to the functions and powers of the National Human Rights Commission (NHRC),
which of the following statements is NOT correct?

Accepted Answer

It has the power to award monetary relief, including compensation or damages, directly to the victim.. The functions of the NHRC are mainly recommendatory in nature. It has no power to award any relief, including monetary relief, to the victim. It can only recommend to the concerned government or authority to make payment of compensation or damages.

Question 3

Consider the following statements:
Statement I: The President of India can remove the chairperson of the National Human Rights Commission (NHRC) on the ground of proved misbehaviour or incapacity.
Statement II: In cases of proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for an inquiry, and the President is bound by the advice of the Supreme Court.

Accepted Answer

Both Statement I and Statement II are correct and Statement II is the correct explanation of Statement I.. Statement I is correct as the President has the power to remove the chairperson for proved misbehaviour. Statement II is also correct and provides the exact procedure for such a removal. The President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court upholds the cause of removal and advises so, then the President can remove the chairperson. This makes the Supreme Court's inquiry and advice a mandatory procedural step, thus explaining Statement I.

Question 4

With reference to the appointment of the chairperson and members of the National Human Rights Commission (NHRC), consider the following statements:
1. The recommendation committee for appointment is headed by the Prime Minister.
2. The Chief Justice of India is a member of the six-member recommendation committee.
3. The committee includes the leaders of the Opposition in both the Lok Sabha and the Rajya Sabha.
Which of the statements given above is/are correct?

Accepted Answer

1 and 3 only. Statement 1 is correct. Statement 2 is incorrect; the Chief Justice of India is not a member of the recommendation committee but must be consulted if a sitting judge of the Supreme Court or a sitting chief justice of a high court is to be appointed. Statement 3 is correct. The six-member committee consists of the PM, Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, Leaders of Opposition in both Houses, and the Central Home Minister.

Question 5

How many of the following statements regarding the jurisdiction and procedures of the National Human Rights Commission (NHRC) are correct?
1. The Commission is not empowered to inquire into any matter after the expiry of one year from the date of the alleged violation.
2. The recommendations made by the Commission are binding on the concerned government or authority.
3. In cases of human rights violations by armed forces, the Central Government must report the action taken on the Commission's recommendations within three months.
4. The Commission's proceedings have a judicial character and it possesses all the powers of a civil court.

Accepted Answer

Only three statements. Statement 1 is correct as there is a one-year limitation period. Statement 2 is incorrect; the recommendations are not binding. Statement 3 is correct; the timeline for reporting action taken in cases involving armed forces is three months. Statement 4 is correct; the commission has the powers of a civil court and its proceedings have a judicial character. Therefore, three statements (1, 3, and 4) are correct.

Question 6

With reference to the committee that recommends the appointment of the chairperson and members of a State Human Rights Commission (SHRC), consider the following individuals:
1. The Chief Minister
2. The Speaker of the Legislative Assembly
3. The Leader of the Opposition in the Legislative Council
4. The Chief Justice of the state's High Court
How many of the above are members of the said committee?

Accepted Answer

Only three. The recommendation committee is headed by the Chief Minister and includes the Speaker of the Legislative Assembly, the state home minister, and the leader of the opposition in the Assembly. If the state has a Legislative Council, its chairman and the leader of the opposition in the Council are also members. The Chief Justice of the High Court is consulted when appointing a sitting judge but is not a member of the recommendation committee. Therefore, the first three individuals listed are members of the committee.

Question 7

Consider the following statements regarding the appointment and removal of the members of a State Human Rights Commission (SHRC):
1. The chairperson and members of the SHRC are appointed by the Governor.
2. The chairperson and members of the SHRC can be removed by the Governor on the grounds of proved misbehaviour or incapacity.
3. The President must refer the matter to the Supreme Court for an inquiry before removing a member for proved misbehaviour.
Which of the statements given above is/are correct?

Accepted Answer

1 and 3 only. Statement 1 is correct as the Governor appoints the chairperson and members. Statement 2 is incorrect because although appointed by the Governor, they can only be removed by the President, not the Governor. Statement 3 is correct; in cases of proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for an inquiry, and can remove the member if the Court upholds the cause of removal.

Question 8

Consider the following statements regarding the chairperson of a State Human Rights Commission (SHRC) based on the Protection of Human Rights Act, 1993, as amended in 2019:
1. A person who has been a judge of a High Court is eligible to be appointed as the Chairperson.
2. The chairperson holds office for a term of three years or until they attain the age of 70 years, whichever is earlier.
3. The chairperson is not eligible for re-appointment after the completion of their tenure.
Which of the statements given above is/are NOT correct?

Accepted Answer

3 only. Statement 1 is correct; the 2019 amendment made a retired judge of a High Court eligible for the post of chairperson, in addition to a retired Chief Justice. Statement 2 is correct; the 2019 amendment reduced the term from five years to three years, with the age limit remaining 70. Statement 3 is incorrect; the 2019 amendment explicitly made the chairperson and members eligible for re-appointment. The question asks for the incorrect statement.

Question 9

Consider the following activities with respect to a State Human Rights Commission (SHRC):
1. Inquiring into a human rights violation related to a subject in the Union List.
2. Inquiring into a matter of human rights violation that occurred 18 months ago.
3. Awarding monetary relief directly to the victim of a human rights violation.
4. Reviewing constitutional safeguards for the protection of human rights.
How many of the above are within the powers or functions of the SHRC?

Accepted Answer

Only one. 1 is incorrect: SHRC can only inquire into subjects in the State List and Concurrent List. 2 is incorrect: The Commission cannot inquire into any matter after one year from the date of the alleged violation. 3 is incorrect: The Commission's functions are recommendatory; it can recommend payment of compensation but cannot award it directly. 4 is correct: Reviewing constitutional and legal safeguards for human rights is one of the stated functions of the Commission. Therefore, only one of the activities is correct.

Question 10

Statement I: The functions of the State Human Rights Commission are mainly recommendatory in nature and its recommendations are not binding on the state government.
Statement II: The state government must inform the State Human Rights Commission about the action taken on its recommendations within one month.

Accepted Answer

Both Statement I and Statement II are correct but Statement II is not the correct explanation for Statement I.. Statement I is correct; the SHRC has no power to punish violators or award relief, and its recommendations are not binding. Statement II is also correct; the Protection of Human Rights Act, 1993, mandates that the government should inform the Commission of the action taken on its recommendations within one month. However, Statement II does not explain why Statement I is true. The recommendatory nature of the Commission (Statement I) is a feature defined by the Act itself. The reporting requirement (Statement II) is a procedural check to ensure accountability, not the reason for the Commission's recommendatory role. Therefore, both statements are correct but II does not explain I.

National & State Human Rights Commissions

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