Which of the following statement is not correct in relation to Protection of Human Rights Act ?
- (a)Chairman holds office for a term of five years
- (b)Members of the Commission hold office for a term of five years
- (c)Member is not eligible for re-appointment for another term of five years
- (d)Chairperson or a Member is ineligible for further employment under Government of India or Government of any State
This is a grace question — the commission's key credits A, B or C (all three accepted). The task is to spot the statement that is NOT correct about the Protection of Human Rights Act, 1993, and each of A, B and C is untrue. A — 'Chairman holds office for a term of five years': the Protection of Human Rights (Amendment) Act, 2019 cut the Chairperson's term from five years to three years (still capped at age 70, whichever is earlier), so 'five years' is no longer correct. B — 'Members hold office for a term of five years': the same 2019 amendment reduced Members' term from five years to three years, so this too is incorrect. C — 'Member is not eligible for re-appointment for another term of five years': a Member IS eligible for re-appointment, so a blanket 'not eligible' is wrong (the original Act expressly allowed re-appointment, and the 2019 amendment retained eligibility). Only D is a true provision — on ceasing office a Chairperson or Member is barred from further employment under the Government of India or any State Government — so D is correct and cannot be the answer. Because A, B and C are each 'not correct', marks were given for all three.
- (d)Chairperson or a Member is ineligible for further employment under Government of India or Government of any State — This is a genuine provision of the Act — a post-tenure bar on government employment to avoid conflict of interest. Because it is a correct statement, it cannot be the 'not correct' answer, which is why D was not credited.
Under the Protection of Human Rights Act, 1993, the NHRC's Chairperson and Members originally held office for five years. The Protection of Human Rights (Amendment) Act, 2019 changed the tenure to three years (the Chairperson still retires at 70), made Members eligible for re-appointment, and widened who may chair the Commission. On leaving office a Chairperson or Member cannot take further employment under the Centre or a State.
The question straddles the 2019 amendment, which is exactly why grace was given. Judged against the amended Act the two 'five-year' tenure statements (A and B) are wrong; statement C's 'not eligible for re-appointment' was never true; and only the employment-bar statement (D) is correct — so any of A, B or C is a defensible 'not correct' answer.
- Original PHRA, 1993: Chairperson and Members held office for a 5-year term
- Protection of Human Rights (Amendment) Act, 2019: term reduced to 3 years
- Members are eligible for re-appointment; the Chairperson also retires at age 70
- Post-tenure bar: no further employment under the Government of India or any State
The 2019 amendment cut the term from 5 to 3 years — which is why the 'five-year term' statements are no longer correct.
- Answering as if the pre-2019 five-year term still applies
- Assuming a Member of the NHRC cannot be re-appointed
Tenure and eligibility of NHRC office-bearers is asked directly ('the term is __ years'); after 2019 the answer is three years, with re-appointment allowed.
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 — note that the 2019 amendment later widened this to also allow a former Judge of the Supreme Court.
The same statute's provisions on the NHRC Chairperson: this MPPSC item tests the term of office, while UPSC 2004 tests who is eligible to hold that office.
- practice — not a real PYQ
After the Protection of Human Rights (Amendment) Act, 2019, the Chairperson of the NHRC holds office for:
- (a)3 years or until age 70
- (b)5 years or until age 70
- (c)6 years or until age 65
- (d)until age 62
Answer(a) 3 years or until age 70 — whichever is earlier.
- practice — not a real PYQ
Which statement is correct after the 2019 amendment to the Protection of Human Rights Act?
- (a)Members cannot be re-appointed
- (b)Members are eligible for re-appointment
- (c)The term was raised to six years
- (d)The Chairperson holds office for life
Answer(b) Members are eligible for re-appointment.