Among the following Chairpersons of Rajasthan State Human Rights Commission, who could complete a five year term ?

Correct — option (2), Justice N.K. Jain.

The stem asks which of these four former Chairpersons completed a five-year term. The Commission's own list of former office-holders gives each person's date of taking charge and date of demitting office, so the question comes down to subtracting dates.

Justice N.K. Jain took charge on 16 July 2005 and demitted office on 15 July 2010. That is a full five years, which was the term the Protection of Human Rights Act, 1993 then fixed: five years or age 70, whichever came earlier.

The other three left before five years. Justice Kanta Bhatnagar served from 23 March 2000 to 11 August 2000, Justice S. Sageer Ahmed from 16 February 2001 to 3 June 2004, and Justice Prakash Tatia from 11 March 2016 to 25 November 2019.

The idea to remember: a term fixed by law is a ceiling, not a guarantee. An office can end early on resignation, removal or reaching the age limit, so only the actual dates tell you who completed it. The stem does not ask why anyone left early, and the dates alone answer it.

Why the others are wrong

• (1)
  Justice Ms. Kanta Bhatnagar — Justice Kanta Bhatnagar served from 23 March 2000 to 11 August 2000 — under five months, the shortest of the four tenures in the options.

  The Commission became functional in March 2000, and her date of taking charge is 23 March 2000. She is the right answer to who headed the Commission when it began functioning in 2000, not to who completed five years.

• (3)
  Justice S. Sageer Ahmed — Justice S. Sageer Ahmed served from 16 February 2001 to 3 June 2004, about three years and four months, so he did not complete five years.

  He had earlier been a judge of the Supreme Court of India, whose list of former judges spells the name S. Saghir Ahmad. Of the four names in the options, he is the right answer to which had been a judge of the Supreme Court.

• (4)
  Justice Prakash Tatia — Justice Prakash Tatia served from 11 March 2016 to 25 November 2019, about three years and eight months — short of five years.

  Of the four names in the options, he left office most recently. He is the right answer to which of these four Chairpersons headed the Commission in 2016–2019, not to who completed a five-year term.

The Rajasthan State Human Rights Commission is a statutory body, set up under the Protection of Human Rights Act, 1993 — not under the Constitution. The Act provides for the National Human Rights Commission at the Centre and a State Human Rights Commission in each state that constitutes one.

The Governor appoints the Chairperson and Members on the recommendation of a committee headed by the Chief Minister. Removal is by order of the President, on the grounds the Act lays down.

The term has changed. Until 2019 it was five years or age 70, whichever came earlier. The Protection of Human Rights (Amendment) Act, 2019 cut it to three years or age 70, whichever is earlier.

The same amendment widened eligibility for the Chairperson of a State Commission. Before it, the post needed a former Chief Justice of a High Court; after it, a former Chief Justice or Judge of a High Court qualifies.

Key facts

• The Government of Rajasthan notified the constitution of the State Human Rights Commission on 18 January 1999; the Commission became functional in March 2000.
• Justice N.K. Jain was Chairperson from 16 July 2005 to 15 July 2010 — a full five-year term.
• Justice Kanta Bhatnagar (23 March–11 August 2000), Justice S. Sageer Ahmed (16 February 2001–3 June 2004) and Justice Prakash Tatia (11 March 2016–25 November 2019) did not complete five years.
• The Protection of Human Rights (Amendment) Act, 2019 cut the term from five years to three years, or age 70, whichever is earlier.
• Since the 2019 amendment, a former Chief Justice or Judge of a High Court can chair a State Commission; earlier, the post needed a former Chief Justice.

Common traps

• A five-year term in the law does not mean every holder served five years. Resignation, removal or the age limit can end an office early, so check the actual dates.
• A Member is not a Chairperson. Justice Amar Singh Godara served five years at the Commission (7 July 2000–6 July 2005), but as a Member.
• Eligibility changed in 2019. Before it, only a former High Court Chief Justice could chair a State Commission; afterwards a former High Court Judge also qualifies. Judge the statement by the exam date.

UnlockIAS will link similar questions from RAS Pre 2021, 2018 and 2013 here once those papers are published on this site.

• practice — not a real PYQ

  According to the Rajasthan State Human Rights Commission's list of former office-holders, which of the following pairs of person and post is correct?

  • (a)Justice Amar Singh Godara – Chairperson
  • (b)Justice S. Sageer Ahmed – Member
  • (c)Justice N.K. Jain – Chairperson
  • (d)Justice Prakash Tatia – Member
  Answer(3) — Justice N.K. Jain was Chairperson from 16 July 2005 to 15 July 2010. Option (1) fails because Justice Amar Singh Godara was a Member (2000–2005). Options (2) and (4) fail because Justice S. Sageer Ahmed and Justice Prakash Tatia were Chairpersons, not Members.
• practice — not a real PYQ

  Under the Protection of Human Rights Act, 1993, as amended in 2019, the Chairperson of a State Human Rights Commission holds office for –

  • (a)five years or until the age of 65 years, whichever is earlier
  • (b)five years or until the age of 70 years, whichever is earlier
  • (c)three years or until the age of 70 years, whichever is earlier
  • (d)three years or until the age of 65 years, whichever is earlier
  Answer(3) — The 2019 amendment set the term at three years or age 70, whichever is earlier. Option (2) was the rule before 2019. Options (1) and (4) use an age limit of 65, which the Act does not set for this post.