MPPSC 2023 Prelims Paper-I · Question 26 of 100

No official answer — this question was CANCELLED by MPPSC (status: cancelled), so no option was scored and marks were awarded to all candidates. Do not memorise any option below as 'the' answer. A likely reason: Section 2(1)(d) of the Protection of Human Rights Act, 1993 defines 'human rights' — the statutory basis of NHRC's jurisdiction — as rights relating to LIFE, LIBERTY, EQUALITY and DIGNITY of the individual, guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts. On that four-part statutory list, 'Right related to Education' is the one term not named. But Right to Education is itself a fundamental right (Article 21A, inserted 2002) that courts had already read into the right to life (Article 21) via cases like Mohini Jain (1992) and Unnikrishnan (1993) — so a stricter reading could argue NHRC's reach over Article-21-derived rights extends to education too. That genuine ambiguity is a plausible reason the Commission withdrew the item rather than adjudicate it.

• (a)Right related to Equality — Named directly in Section 2(1)(d)'s four-part definition (life, liberty, equality, dignity) — squarely within NHRC's statutory jurisdiction.
• (b)Right related to Education — Not one of the four terms named in Section 2(1)(d) — though arguably reachable indirectly via Article 21 jurisprudence, which is the ambiguity behind this item's cancellation.
• (c)Right related to Life — Named directly in Section 2(1)(d)'s four-part definition — squarely within NHRC's statutory jurisdiction.
• (d)Rights relating to liberty — Named directly in Section 2(1)(d)'s four-part definition — squarely within NHRC's statutory jurisdiction.

The National Human Rights Commission (NHRC) is a statutory body set up under the Protection of Human Rights Act, 1993 — not a constitutional body. Its jurisdiction is defined by the Act's own definition of 'human rights': rights relating to life, liberty, equality and dignity of the individual, guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts. The Commission largely works through recommendations (it has some powers of a civil court while inquiring into a complaint, under Section 13) rather than directly punitive enforcement.

Exam options often mix in a plausible-sounding right (education, property, health) alongside the Act's actual four-part list (life, liberty, equality, dignity) to test whether students have memorised the statutory wording precisely — but as this cancelled item shows, some 'excluded' rights can still be argued back in through Article 21 jurisprudence, which is exactly the kind of ambiguity that can lead a commission to withdraw a question.

• NHRC is a STATUTORY body (Protection of Human Rights Act, 1993), not a constitutional one.
• Section 2(1)(d) defines 'human rights' as rights relating to life, liberty, equality and dignity of the individual.
• These rights must be guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts.
• NHRC largely recommends; it holds some powers of a civil court only while inquiring into a complaint (Section 13).

• Assuming NHRC is a constitutional body — it is statutory, created by the Protection of Human Rights Act, 1993
• Treating the Act's four-part 'human rights' definition (life, liberty, equality, dignity) as if it excludes every right not literally named, ignoring how courts read rights into Article 21

MPPSC/UPSC frequently test NHRC's statutory definition of 'human rights' and its composition/powers; watch for options that sound like fundamental rights but are not named in Section 2(1)(d).

No directly related past PYQ was found.

• practice — not a real PYQ

  Under Section 2(1)(d) of the Protection of Human Rights Act, 1993, 'human rights' are defined as rights relating to:

  • (a)Life, liberty, equality and dignity of the individual
  • (b)Life, property, speech and religion
  • (c)Equality, franchise, education and health
  • (d)Liberty, employment, education and food

  Answer(a) Life, liberty, equality and dignity of the individual — the Act's statutory definition.

• practice — not a real PYQ

  The National Human Rights Commission (NHRC) of India is a:

  • (a)Constitutional body
  • (b)Statutory body
  • (c)Executive body with no legal backing
  • (d)Body created directly by a UN treaty

  Answer(b) Statutory body — established under the Protection of Human Rights Act, 1993.