Who is not included in the Committee to recommend name for the appointment of Chairperson and Members of State Human Rights Commission?
- (a)Chief Minister
- (b)Speaker of the Legislative Assembly
- (c)Incharge of the Department of Home Affairs
- (d)Governor
Correct — D, the Governor. Under Section 22 of the Protection of Human Rights Act, 1993, the Chairperson and Members of a State Human Rights Commission are appointed by the Governor — but on the recommendation of a committee headed by the Chief Minister and comprising the Speaker of the Legislative Assembly, the Minister in charge of the Home Department and the Leader of the Opposition in the Legislative Assembly (in States with a Legislative Council, the Council's Chairman and its Leader of the Opposition are added). The Governor makes the appointment; he is not himself a member of the recommending committee. So the Governor is the one not included.
- (a)Chief Minister — The Chief Minister heads (chairs) the recommending committee, so he is included.
- (b)Speaker of the Legislative Assembly — The Speaker of the Legislative Assembly is a member of the committee.
- (c)Incharge of the Department of Home Affairs — The Minister in charge of the Home Department is a member of the committee.
State Human Rights Commissions are created under the Protection of Human Rights Act, 1993. The Governor appoints the Chairperson and Members, but only on the recommendation of a high-level committee headed by the Chief Minister. The Governor's role is to make the formal appointment - he sits outside the selecting committee.
The question asks who is NOT on the committee. Three options (CM, Speaker, Home Minister) are members; the Governor is the appointing authority, not a committee member. This 'recommends vs appoints' distinction is the classic trap.
- Legal basis: Section 22 of the Protection of Human Rights Act, 1993.
- Recommending committee: Chief Minister (chair), Speaker of the Assembly, Minister in charge of Home, and Leader of the Opposition (plus Council members where a Council exists).
- Appointing authority: the Governor of the State.
- A State Human Rights Commission is headed by a person who has been a Chief Justice or a Judge of a High Court.
The Governor appoints but is not on the committee -> answer (d).
- Confusing the appointing authority (Governor) with the recommending committee
- Assuming the Governor sits on such selection committees
MPPSC repeatedly tests the State Human Rights Commission appointment committee - remember the Chief Minister heads it and the Governor only appoints.
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 law (Protection of Human Rights Act, 1993) and the same appointment/composition theme for Human Rights Commissions.
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 statute - covers State Human Rights Commissions and the recommendatory nature of Human Rights Commissions under the 1993 Act.
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
Directly tests the same committee - the Chief Minister chairs it (and the Governor, who appoints, is not a member).
- practice — not a real PYQ
The Chairperson and Members of a State Human Rights Commission are appointed by whom?
- (a)The President
- (b)The Chief Justice of the High Court
- (c)The Governor
- (d)The Chief Minister
Answer(c) The Governor, on the recommendation of the committee headed by the Chief Minister.
- practice — not a real PYQ
Under which law are the National and State Human Rights Commissions constituted?
- (a)Protection of Human Rights Act, 1993
- (b)Right to Information Act, 2005
- (c)Commissions of Inquiry Act, 1952
- (d)Legal Services Authorities Act, 1987
Answer(a) The Protection of Human Rights Act, 1993.