In the event of occurrence of any vacancy in the Office of the Chairperson of the State Commission, who can authorize one of the members to act as Chairperson?

Question

UnlockIAS · Accepted Answer

Correct — D, the Governor. Under the Protection of Human Rights Act, 1993, if the office of the Chairperson of a State Human Rights Commission falls vacant (by death, resignation or otherwise), the Governor may, by notification, authorise one of the Members to act as Chairperson until a new Chairperson is appointed. At the Union level the identical power over the NHRC rests with the President; for the State Commission it is the State's constitutional head, the Governor.

Why the other options are wrong — (a) The High Court's Chief Justice is only consulted when a sitting judge is appointed as a Member; the Chief Justice has no power to fill or manage a Chairperson vacancy.  (b) The President exercises this acting-Chairperson power for the National Human Rights Commission, not for a State Commission — a State body answers to the Governor.  (c) The NHRC does not administratively control the State Commissions; its Chairperson cannot authorise an acting Chairperson of an SHRC.

Concept: State Human Rights Commissions run parallel to the NHRC but inside the State's framework. Just as the President keeps the NHRC working during a Chairperson vacancy, the Governor keeps the State Commission working — the Governor can, by notification, direct a sitting Member to act as Chairperson until a regular appointment is made.

State PCS 2018 Q97 — Indian Polity PYQ with Answer

State PCS 2018 Q97 — Indian Polity PYQ with Answer