MPPSC 2018 Prelims Q96: A Sitting Judge of the High Court or a Sitting District

Q: What is the answer to MPPSC 2018 Prelims Q96?

B. Correct — B, the Chief Justice of the High Court of the concerned State. The State Human Rights Commission (SHRC) is set up under the Protection of Human Rights Act, 1993. To protect the independence of the serving judiciary, the Act's provision on the Commission's composition carries a proviso that no sitting Judge of a High Court and no sitting District Judge may be appointed a Member except after consultation with the Chief Justice of that State's High Court. The consultation is therefore with the High Court's Chief Justice — not the Governor, the Chief Justice of India, or the President.

MPPSC 2018 Prelims Paper-I · Question 96 of 100

Verified against the official question paper. Answer as per the official MPPSC answer key.

A Sitting Judge of the High Court or a Sitting District Judge can be appointed as a member of the State Human Rights Commission after consultation with

(a)the Governor
(b)the Chief Justice of the High Court of the concerned State
(c)the Chief Justice of the Supreme Court of India
(d)the President

Answer

Why

Correct — B, the Chief Justice of the High Court of the concerned State. The State Human Rights Commission (SHRC) is set up under the Protection of Human Rights Act, 1993. To protect the independence of the serving judiciary, the Act's provision on the Commission's composition carries a proviso that no sitting Judge of a High Court and no sitting District Judge may be appointed a Member except after consultation with the Chief Justice of that State's High Court. The consultation is therefore with the High Court's Chief Justice — not the Governor, the Chief Justice of India, or the President.

Why the others are wrong

(a)the Governor — The Governor formally appoints the SHRC's Chairperson and Members (by warrant), but the specific consultation required before drafting in a sitting judge is with the High Court's Chief Justice, not with the Governor.
(c)the Chief Justice of the Supreme Court of India — The Chief Justice of India is consulted for appointing a sitting judge to the National Human Rights Commission — that is the Union body's rule, not the State Commission's.
(d)the President — The President has no role in appointing State Commission members; at the State level the appointing authority is the Governor and the consulting authority is the High Court's Chief Justice.

Concept

The State Human Rights Commission is a statutory body a State constitutes under the Protection of Human Rights Act, 1993. Because its Members can be drawn from the serving judiciary, the Act does not let the executive freely pick a sitting judge: a sitting High Court judge or a sitting District judge can be made a Member only after the concerned State High Court's Chief Justice has been consulted.

The trap is to pick the Governor (who signs the appointment) or the Chief Justice of India (who is consulted for the NHRC). The rule mirrors standard judicial-independence safeguards — the head of the relevant judiciary, here the High Court's Chief Justice, must be consulted before one of its serving judges is moved to another body.

Key facts

The SHRC is a statutory body under the Protection of Human Rights Act, 1993.
A sitting High Court judge / sitting District judge is appointable as an SHRC Member only after consulting the Chief Justice of that State's High Court.
For the NHRC, the parallel consultation before appointing a sitting judge is with the Chief Justice of India.
The Governor makes the actual SHRC appointments by warrant under his hand and seal.

Study next

Composition of the National Human Rights Commission (NHRC)Selection committee for the SHRC Chairperson and MembersQualifications and tenure of SHRC membersHuman Rights Courts and the Special Public ProsecutorPowers and limitations of the NHRC and SHRC

Common traps

Choosing the Governor (who appoints) instead of the consulting authority
Mixing up the NHRC rule (consult the Chief Justice of India) with the SHRC rule (consult the High Court's Chief Justice)

MPPSC repeatedly tests the SHRC appointment machinery — who is consulted, who appoints, who chairs the selection committee. Lock: sitting judge to SHRC means consult the High Court's Chief Justice.

Related PYQs

UPSC_2004_GS1_Q892004Open & attempt →

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 Act (Protection of Human Rights Act, 1993) — who may be appointed to head a human rights commission, the sibling of this appointment rule.

UPSC_1999_GS1_Q341999Open & attempt →

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

Tests the composition of the NHRC and the existence of State Human Rights Commissions under the same Act.

Practice

practice — not a real PYQ
Before a sitting Judge of the Supreme Court is appointed to the National Human Rights Commission, consultation is required with:
- (a)the Prime Minister
- (b)the Chief Justice of India
- (c)the President
- (d)the Union Law Minister
Answer(b) the Chief Justice of India — the NHRC counterpart of the SHRC's High Court consultation.
practice — not a real PYQ
The Chairperson and Members of a State Human Rights Commission are appointed by the:
- (a)President
- (b)Chief Justice of the High Court
- (c)Governor
- (d)Chief Minister
Answer(c) Governor — by warrant, on the recommendation of a selection committee.