Who is not a member of the Committee constituted for recommendations of appointment of Chairperson and other Members of National Human Rights Commission ?
- (a)Prime Minister
- (b)Speaker of the House of the People
- (c)Leader of the Opposition in the House of the People
- (d)Chairman of the Council of States
Correct — D, the Chairman of the Council of States. Under Section 4 of the Protection of Human Rights Act, 1993, the six-member committee that recommends appointments to the NHRC comprises the Prime Minister (Chairperson), the Speaker of the Lok Sabha, the Union Home Minister, the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha, and the Deputy Chairman of the Council of States (Rajya Sabha). It is the Deputy Chairman of the Rajya Sabha who sits on the panel — the Chairman of the Council of States (the Vice-President of India) does not. So (d) is the only person listed who is not a member.
- (a)Prime Minister — The Prime Minister is in fact the Chairperson of this committee, so he is very much a member.
- (b)Speaker of the House of the People — The Speaker of the Lok Sabha (House of the People) is a member of the committee.
- (c)Leader of the Opposition in the House of the People — The Leader of the Opposition in the Lok Sabha is a member (the Leader of the Opposition in the Rajya Sabha is also on the panel).
The NHRC is a statutory body created by the Protection of Human Rights Act, 1993 (it is not a constitutional body). Its Chairperson and Members are appointed by the President on the recommendation of a high-level, six-member committee headed by the Prime Minister. The panel deliberately spans the executive and both Houses of Parliament, including the opposition, to keep the appointment broad-based.
The trap is the near-identical wording 'Chairman of the Council of States' versus 'Deputy Chairman of the Council of States'. The Rajya Sabha's Chairman is the Vice-President, who is kept off the panel; the Upper House is represented instead by its Deputy Chairman. Read the Rajya Sabha slot carefully.
- NHRC selection committee (Section 4, PHRA 1993): PM (chair), Lok Sabha Speaker, Union Home Minister, Leaders of Opposition in both Houses, Deputy Chairman of the Rajya Sabha
- The President makes the appointment on this committee's recommendation
- The Rajya Sabha is represented by its Deputy Chairman, not its Chairman (the Vice-President)
- The NHRC is a statutory body under the 1993 Act, not a constitutional body
The Rajya Sabha's Deputy Chairman sits on the panel; its Chairman (the Vice-President) does not.
- Confusing the Chairman of the Council of States with the Deputy Chairman
- Assuming the NHRC is a constitutional body
MPPSC and UPSC ask 'who is / is not a member' of these PM-led selection committees; memorise the six NHRC slots and note the Rajya Sabha is represented by its Deputy Chairman.
Who presides over the committee constituted for the appointment of members of the State Human Rights Commission?
- (a) The Governor
- (b) The Chief Minister
- (c) The Chief Justice
- (d) The Advocate General
Answer(b) The Chief Minister
The same idea one level down — the statutory committee that recommends human-rights-commission appointments. The NHRC panel is headed by the Prime Minister; the State Human Rights Commission panel is headed by the Chief Minister.
- practice — not a real PYQ
The committee that recommends appointments to the National Human Rights Commission is chaired by:
- (a)the President
- (b)the Chief Justice of India
- (c)the Prime Minister
- (d)the Vice-President
Answer(c) the Prime Minister.
- practice — not a real PYQ
In the NHRC selection committee, the Council of States (Rajya Sabha) is represented by its:
- (a)Chairman
- (b)Deputy Chairman
- (c)Secretary-General
- (d)senior-most member
Answer(b) Deputy Chairman.