In the event of occurrence of any vacancy in the Office of the Chairperson of the State Commission, who can authorize one of the members to act as Chairperson?
- (a)The Chief Justice of the High Court
- (b)The President
- (c)The Chairperson of the National Human Rights Commission
- (d)The Governor
Correct — D, the Governor. Under the Protection of Human Rights Act, 1993, if the office of the Chairperson of a State Human Rights Commission falls vacant (by death, resignation or otherwise), the Governor may, by notification, authorise one of the Members to act as Chairperson until a new Chairperson is appointed. At the Union level the identical power over the NHRC rests with the President; for the State Commission it is the State's constitutional head, the Governor.
- (a)The Chief Justice of the High Court — The High Court's Chief Justice is only consulted when a sitting judge is appointed as a Member; the Chief Justice has no power to fill or manage a Chairperson vacancy.
- (b)The President — The President exercises this acting-Chairperson power for the National Human Rights Commission, not for a State Commission — a State body answers to the Governor.
- (c)The Chairperson of the National Human Rights Commission — The NHRC does not administratively control the State Commissions; its Chairperson cannot authorise an acting Chairperson of an SHRC.
State Human Rights Commissions run parallel to the NHRC but inside the State's framework. Just as the President keeps the NHRC working during a Chairperson vacancy, the Governor keeps the State Commission working — the Governor can, by notification, direct a sitting Member to act as Chairperson until a regular appointment is made.
Map every 'who acts / who fills the gap' question to the tier of the body: a Union body means the President, a State body means the Governor. Options B (President) and D (Governor) are the tempting pair; the deciding factor is that this is the State Commission, so the Governor acts.
- SHRC Chairperson vacancy: the Governor may authorise a Member to act as Chairperson.
- NHRC Chairperson vacancy: the President authorises a Member to act.
- The acting arrangement lasts until a new Chairperson is appointed.
- The vacancy may arise by death, resignation, removal 'or otherwise'.
- Chairperson's office falls vacant (death / resignation / otherwise)
- The Governor issues a notification
- A Member is authorised to ACT as Chairperson
- Continues until a new Chairperson is appointed
For the NHRC the very same power is exercised by the President — Union body means President, State body means Governor.
- Picking the President (the NHRC rule) for a State Commission
- Assuming the NHRC administratively controls the State Commissions
MPPSC tests the Union-vs-State mirror: NHRC to President, SHRC to Governor, for acting-Chairperson and appointment steps.
No directly related past PYQ was found.
- practice — not a real PYQ
If the office of the Chairperson of the National Human Rights Commission falls vacant, who authorises a Member to act as Chairperson?
- (a)The Prime Minister
- (b)The President
- (c)The Chief Justice of India
- (d)The Vice-President
Answer(b) the President — the Union counterpart of the Governor's power over the SHRC.
- practice — not a real PYQ
The Governor's power to authorise a Member to act as Chairperson of a State Human Rights Commission arises when the office is vacant because of:
- (a)death only
- (b)resignation only
- (c)death, resignation or otherwise
- (d)removal by the President
Answer(c) death, resignation or otherwise — the Act uses this broad phrasing.