State Human Rights Commissions: Composition, Appointment & Protection of Human Rights Act (1993) |
State Human Rights Commission: Composition and Role for UPSC Polity Preparation
To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about the Governor. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). Important State Human Rights Commission terms are important from the polity and governance perspectives in the UPSC exam. IAS aspirants should thoroughly understand their meaning and application, as questions can be asked from this static portion of the IAS Syllabus in both the UPSC Prelims and the UPSC Mains exams.
In this article, you can read about the Basics and Background of SHRC, Composition, Human Right Courts for the UPSC.
State Human Rights Commission: Establishment and Jurisdiction under the Protection of Human Rights Act (1993)
- 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.
- Twenty-three states have constituted the State Human Rights Commissions through Official Gazette Notifications.
- A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
- However, if any such case is already being inquired into by NHRC or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
State Human Rights Commissions: Composition, Appointments and Removal Procedures
| A multi-member body consisting of a chairperson and two members ???? 1+2 | |
| Chairperson | Should be a retired Chief Justice of a HIGH COURT |
| Members | Should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years’ experience as District Judge and a person having knowledge or practical experience with respect to human rights. |
| Appointment | 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 State home minister Leader of the opposition in the Legislative Assembly. In the case of a state having a Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. |
| Removal | Although the chairperson and members of a SHRC are appointed by the Governor, they can be removed only by the PRESIDENT OF INDIA (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 NHRC. |
| A sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state. | |
| The chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier | |
| After their tenure, the chairperson and members are not eligible for further employment under a state government or the Central government | |
Fast-Tracking Justice for Violations under the Protection of Human Rights Act (1993)
- The Protection of Human Rights Act (1993) also provides for the establishment of a Human Rights Court in every district for the speedy trial of violation of human rights.
- These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.
- For every Human Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.
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