Who is not the ex officio member of the National Human Rights Commission?
- (a)The Chairperson of the National Commission for Minorities
- (b)The Chairperson of the Law Commission of India
- (c)The Chairperson of the National Commission for the Scheduled Castes and Scheduled Tribes
- (d)The Chairperson of the National Commission for Women
Correct — B, the Chairperson of the Law Commission of India. Under the Protection of Human Rights Act, 1993 the NHRC has certain deemed (ex officio) members — the Chairpersons of the national commissions that protect specific vulnerable groups. In the scheme this question is set on, those were the Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes, and the National Commission for Women. The Law Commission of India is a law-reform advisory body, not a rights-redress commission, and its Chairperson has never sat on the NHRC ex officio.
- (a)The Chairperson of the National Commission for Minorities — This chairperson is a deemed (ex officio) member of the NHRC, so it cannot be the odd one out.
- (c)The Chairperson of the National Commission for the Scheduled Castes and Scheduled Tribes — This chairperson is a deemed (ex officio) member of the NHRC (later, after the SC and ST commissions were split, both chairpersons), so it is not the answer.
- (d)The Chairperson of the National Commission for Women — This chairperson is a deemed (ex officio) member of the NHRC, so it cannot be the odd one out.
The NHRC is made up of a Chairperson (a person who has been Chief Justice or a Judge of the Supreme Court) plus full-time Members, together with several deemed (ex officio) members — the chairpersons of other national rights commissions. The idea is to knit the specialised commissions (Minorities, SCs and STs, Women, and later Backward Classes, Child Rights and Persons with Disabilities) into the apex human-rights body.
The trap is that all four options are 'national' bodies. The distinguishing test is function: the NHRC's ex officio members head rights-protection/redress commissions, whereas the Law Commission of India only advises the government on legal reform — so it stays outside.
- The NHRC's ex officio members are the chairpersons of national commissions for vulnerable groups (Minorities, SCs and STs, Women in the original scheme).
- The Law Commission of India is a non-statutory advisory body on law reform — not a member of the NHRC.
- The NHRC also has a Chairperson (a former Chief Justice/Judge of the Supreme Court) and appointed full-time Members.
- The 2019 amendment widened the deemed members to include, among others, the National Commission for Backward Classes, the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities.
Chairpersons of rights commissions sit on the NHRC ex officio; the Law Commission — which only advises on legal reform — does not.
- Assuming every 'national commission' has a seat on the NHRC
- Forgetting that the Law Commission is advisory, not a redress body
Usually 'who is / is not an ex officio member of the NHRC'. Memorise the deemed-members list and keep the Law Commission outside it.
According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?
- (a) Any serving Judge of the Supreme Court
- (b) Any serving Judge of the High Court
- (c) Only a retired Chief Justice of India
- (d) Only a retired Chief Justice of a High Court
Answer(c) Only a retired Chief Justice of India
Same theme — the composition of the NHRC, here the eligibility of its Chairperson.
Consider the following statements regarding the National Human Rights Commission of India: I. Its Chairman must be a retired Chief Justice of India. II. It has formations in each state as State Human Rights Commission. III. Its powers are only recommendatory in nature. IV. It is mandatory to appoint a woman as a member of the Commission. Which of the above statements are correct?
- (a) I, II, III and IV
- (b) II and IV
- (c) I and III
- (d) I and II
Answer(c) I and III
Same theme — who chairs and sits on the NHRC (composition) and the recommendatory nature of its powers.
- practice — not a real PYQ
The Chairperson of which of the following is NOT a deemed member of the National Human Rights Commission?
- (a)National Commission for Women
- (b)Law Commission of India
- (c)National Commission for Minorities
- (d)National Commission for Scheduled Castes
Answer(b) Law Commission of India — an advisory law-reform body, not part of the NHRC.
- practice — not a real PYQ
The Law Commission of India is best described as a:
- (a)constitutional body
- (b)statutory body
- (c)non-statutory executive (advisory) body
- (d)permanent body of Parliament
Answer(c) non-statutory executive (advisory) body — set up by executive order to advise on law reform.