Who among the following is eligible to be appointed as the Chairperson of Rajasthan State Human Rights Commission?
- (1)Chief Secretary Level Officer
- (2)Chief Justice of High Court
- (3)Prominent Social Activist
- (4)Director General of Police Level Officer
Answer
Why
Correct — option (2), Chief Justice of High Court.
The Rajasthan State Human Rights Commission is a State Commission under the Protection of Human Rights Act, 1993. Section 21(2)(a) of that Act fixes who may chair it.
As substituted by the 2006 amendment (Act No. 43 of 2006), the clause read: "a Chairperson who has been a Chief Justice of a High Court".
The Protection of Human Rights (Amendment) Act, 2019 (No. 19 of 2019) replaced the words "Chief Justice" with "Chief Justice or a Judge".
The Ministry of Home Affairs brought it into force on 2 August 2019, so on the exam date the Chairperson had to be a person who has been a Chief Justice or a Judge of a High Court.
Of the four options, only Chief Justice of High Court fits either version of the clause. Option (2) is the answer.
Why the others are wrong
- (1)Chief Secretary Level Officer — A Chief Secretary-level officer does not qualify for the chair. Section 21(2)(a) requires a person who has been a Chief Justice or a Judge of a High Court (the words "or a Judge" added in 2019).
The Act's other two seats are for a High Court Judge or District Judge, and for a person with knowledge of or practical experience in human rights; neither is the Chairperson's.
- (3)Prominent Social Activist — A social activist is not eligible for the chair. The Chairperson's clause, section 21(2)(a), is limited to a person who has been a Chief Justice or a Judge of a High Court.
The Act does keep one Member's seat, under section 21(2)(c), for persons having knowledge of or practical experience in matters relating to human rights. That is a Member's seat, not the Chairperson's.
- (4)Director General of Police Level Officer — A police officer of Director General rank does not qualify. Section 21(2)(a) names only a person who has been a Chief Justice or a Judge of a High Court for the Chairperson's post.
No option other than a High Court Chief Justice fits the clause, before or after the 2019 amendment.
Concept
The Protection of Human Rights Act, 1993 creates the National Human Rights Commission and State Human Rights Commissions. Section 21(2), as substituted in 2006, gives a State Commission a Chairperson and two Members.
The Chairperson must have been a Chief Justice of a High Court ("or a Judge" since 2019). One Member must be or have been a High Court Judge, or a District Judge in the State with at least seven years' experience as District Judge. The other must have knowledge of or practical experience in human rights.
Under section 22(1), the Governor appoints the Chairperson and Members by warrant, after a recommendation from a committee chaired by the Chief Minister.
The committee's other members are the Speaker, the Minister in charge of Home and the Leader of the Opposition; where the State has a Legislative Council, its Chairman and Leader of the Opposition also sit on it.
Under section 23 as amended in 2006, a Chairperson or Member may be removed only by order of the President: on proved misbehaviour or incapacity after a Supreme Court inquiry, or on the grounds listed in section 23(2), such as insolvency or paid employment outside the office.
RPSC's syllabus lists, under Political and Administrative System of Rajasthan, "Institutions: Rajasthan Public Service Commission, State Human Rights Commission, Lokayukt, State Election Commission, State Information Commission."
The Rajasthan Commission's website says the State Government's notification of January 18, 1999 constituted it, and that it became functional from March 2000.
The 2019 amendment changed more than eligibility. It cut the terms of office in section 24(1) and (2) from five years to three, and added eligibility for re-appointment to section 24(1).
It came into force on 2 August 2019, by a Ministry of Home Affairs notification (S.O. 2756(E)) of 1 August 2019.
Key facts
- Section 21(2)(a), Protection of Human Rights Act, 1993 (as amended in 2019): the State Commission's Chairperson must have been a Chief Justice or a Judge of a High Court.
- Before the 2019 amendment, the clause required a person who had been a Chief Justice of a High Court.
- The Protection of Human Rights (Amendment) Act, 2019 (No. 19 of 2019) came into force on 2 August 2019.
- Section 22(1): the Governor appoints the Chairperson on the recommendation of a committee chaired by the Chief Minister.
- The Rajasthan State Human Rights Commission was constituted by a State Government notification of 18 January 1999 and became functional in March 2000.
A High Court Chief Justice qualifies under every version; option (2).
Study next
Common traps
- Using the pre-2019 rule as if it still applied. Since 2 August 2019, a person who has been a Judge of a High Court, not only a Chief Justice, can chair a State Commission.
- Moving the human-rights-expert seat to the chair. Section 21(2)(c) keeps that seat for a Member.
- Confusing the appointing and removing authorities. The Governor appoints; only the President can remove, after a Supreme Court inquiry for misbehaviour or incapacity, or by order on grounds such as insolvency under section 23(2).
A question can ask who is eligible to chair a State Human Rights Commission, as here.
A question can also ask about the Commission's members, the committee that recommends appointments, or the term of office after the 2019 amendment.
Related PYQs
UnlockIAS will link similar questions from RAS Pre 2018 and 2013 here once those papers are published on this site.
Practice
- practice — not a real PYQ
The Protection of Human Rights (Amendment) Act, 2019 changed the term of office under section 24 (State Human Rights Commissions) from —
- (a)Three years to five years
- (b)Five years to three years
- (c)Six years to five years
- (d)Five years to six years
Answer(2) — Section 6 of the 2019 Act substitutes "three years" for "five years" in section 24(1) and (2) of the principal Act. Option (1) reverses the change, and six years (3), (4) is not the term in either version. - practice — not a real PYQ
Under section 22 of the Protection of Human Rights Act, 1993, who chairs the committee that recommends the appointment of the Chairperson of a State Human Rights Commission?
- (a)The Governor
- (b)The Chief Justice of the High Court
- (c)The Chief Minister
- (d)The Speaker of the Legislative Assembly
Answer(3) — Section 22(1) names the Chief Minister as Chairperson of the committee, with the Speaker (4), the Home Minister and the Leader of the Opposition as members. The Governor (1) makes the appointment on its recommendation. The Chief Justice (2) is consulted before a sitting High Court Judge or District Judge is appointed.