Indian Polity : Constitutional & Non-Constitutional Bodies

Q 42 / 42

UPSC CSE Prelims 1999

Consider the following statements regarding the National Human Rights Commission of India:

  1. Its Chairman must be a retired Chief Justice of. India
  2. It exists in each' state as State Human Rights Commission
  3. Its powers are only recommendatory in nature
  4. It is mandatory to appoint a woman as a member of the commission

Which of the above statements are correct?

EXPLANATION

Correct Option (d):

The correct statements are 1, 3, and 4.

  • Statement 1: The Protection of Human Rights Act, 1993 (as amended), mandates that the Chairperson of the National Human Rights Commission (NHRC) must be a retired Chief Justice of India. This provision ensures the highest judicial expertise and stature for the position.
  • Statement 3: The National Human Rights Commission (NHRC) possesses recommendatory powers. Its findings and suggestions, including those for compensation or legal action, are not legally binding on the government or authorities.
  • Statement 4: The Protection of Human Rights Act, 1993, as amended, mandates the inclusion of a woman as a member of the National Human Rights Commission. Additionally, the Chairperson of the National Commission for Women serves as an ex-officio member, further ensuring gender representation.

Incorrect Options:

  • Statement 2: The Protection of Human Rights Act, 1993, provides for the establishment of State Human Rights Commissions (SHRCs) by state governments. However, it is not mandatory for every state to constitute an SHRC, and not all states have functional commissions. Therefore, this statement is incorrect.
  • Option (a) is incorrect as it includes Statement 2, which is factually inaccurate.
  • Option (b) is incorrect as it includes Statement 2 and omits correct statements 1 and 4.
  • Option (c) is incorrect as it includes Statement 2 and omits correct statements 1 and 4.
SOURCEIndian Polity by M. Laxmikanth, Chapter 45: National Human Rights Commission