MPPSC 2021 Prelims Paper-I · Question 56 of 100

Correct — A and C (both accepted), Speaker of the Legislative Assembly and Leader of Opposition. Under Section 22 of the Protection of Human Rights Act, 1993, the Chairperson and Members of a State Human Rights Commission (SHRC) are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister (who chairs the committee), the Speaker of the State Legislative Assembly, the State Home Minister, and the Leader of the Opposition in the Legislative Assembly. Both the Speaker and the Leader of Opposition sit on this committee, so both were accepted as correct.

• (b)Governor — The Governor is the appointing authority who acts ON the committee's recommendation — the Governor does not sit on the committee itself.
• (d)Chief Justice of High Court — The Chief Justice of the High Court plays no role in this recommending committee; it is a political committee of the state executive and legislature, not a judicial one.

The Protection of Human Rights Act, 1993 creates a two-step appointment process for State Human Rights Commissions: a political committee recommends names, and the Governor formally appoints. This mirrors the process for the National Human Rights Commission, where the Prime Minister chairs the recommending committee and the President appoints.

MPPSC likes to test 'who sits on the committee' versus 'who appoints,' because students conflate the two steps. The safe rule: the appointing authority (Governor for SHRC, President for NHRC) is deliberately kept OFF the recommending committee to preserve separation between the recommending and appointing functions.

• SHRC committee (Section 22, Protection of Human Rights Act 1993): Chief Minister (Chair) + Speaker of the Legislative Assembly + State Home Minister + Leader of Opposition in the Assembly
• The Governor appoints on this committee's recommendation but is not himself a committee member
• NHRC's parallel committee is chaired by the Prime Minister, not the President
• SHRC is a statutory body (created by Act of Parliament), not a constitutional body

• Assuming the Governor (appointing authority) is also on the recommending committee
• Confusing the SHRC committee (State Home Minister) with the NHRC committee (Union Home Minister + Leaders of Opposition of both Houses)

MPPSC frequently flips this into 'who is NOT included' — memorise the four names (CM, Speaker, Home Minister, Leader of Opposition) as a closed list, since anyone outside it is automatically the odd one out.

• practice — not a real PYQ

  Under the Protection of Human Rights Act, 1993, the Chairperson of the National Human Rights Commission is appointed by the President on the recommendation of a committee headed by:

  • (a)Chief Justice of India
  • (b)Prime Minister
  • (c)Speaker of Lok Sabha
  • (d)Vice President

  Answer(b) Prime Minister — the NHRC selection committee is chaired by the PM, just as the SHRC's parallel committee is chaired by the Chief Minister.

• practice — not a real PYQ

  The Chairperson and Members of a State Human Rights Commission are formally appointed by:

  • (a)Chief Minister
  • (b)Governor
  • (c)President
  • (d)Chief Justice of the High Court

  Answer(b) Governor — acting on the recommendation of the committee (CM, Speaker, Home Minister, Leader of Opposition).