Composition of National and State Human Rights Commission
Q. Which of the following is/are true regarding composition of National and State Human Rights Commission?
1) The members are eligible for re-appointment.
2) State Human Rights Commission consists of a Chairperson and four members.
3) President can remove Chairperson or member of State Human Rights Commission.
4) The Speaker of Lok Sabha and Chairman of Rajya Sabha are in the committee that appoint members of National Human Rights Commission.- Published on 15 Mar 17a. 1, 2, 3
b. 1, 3, 4
c. 2, 3, 4
d. 1, 2, 4
ANSWER: 1, 3, 4
Composition -
- National commission consists of a Chairman and four members.
- State commission consists of a Chairperson and two members.
- The Chairman should be a retired Chief Justice of India.
The members should be -
1. serving or retired judges of the Supreme Court;
2. a serving or retired Chief Justice of a High Court; and
3. two persons having knowledge or practical experience with respect to human rights.
Along with these the commission also has 4 ex-officio members - the Chairmen of the -
1. National Commission for Minorities.
2. National Commission for SCs.
3. National Commission for STs.
4. National Commission for women.
- The Chairperson of State Commissions should be a retired Chief Justice of a High Court.
The members should be -
1. a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years’ experience as District Judge; and
2. a person having knowledge or practical experience with respect to human rights.
The Chairman and members are appointed by the President (Governor, in case of state) on the recommendations of a six-member committee consisting of -
1. Prime minister as its head (Chief Minister, in case of state).
2. Speaker of the Lok Sabha (Legislative Assembly, in case of State).
3. Deputy Chairman of the Rajya Sabha (Legislative Council, in case of State (if it has a council)).
4. Leaders of the Opposition in both the Houses of Parliament and (House/Houses of State legislature, in case of State).
5. Union Home Minister (State Home Minister, in case of State).
- A sitting judge of the Supreme Court or a sitting Chief Justice of a High ourt can be appointed only after consultation with the Chief Justice of India.
- The Chairman/Chairperson and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier.
- Members are eligible for re-appointment subject to 70 years’ age limit.
- After their tenure, the Chairman and members are not eligible for further employment under the Central or a State Government.
- Though appointed by Governor, the Governor cannot remove Chairperson or member of state commission. Only President can remove them.
The President can remove the Chairman or any member from the office under the following circumstances -
1. if he is adjudged an insolvent; or
2. if he engages, during his term of office, in any paid employment outside the duties of his office; or
3. if he is unfit to continue in office by reason of infirmity of mind or body; or
4. if he is of unsound mind and stand so declared by a competent court; or
5. if he is convicted and sentenced to imprisonment for an offence.
- But in such scenarios, the President has to refer the matter to the Supreme Court for an enquiry.
- If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President can remove him.
- The salary and other service conditions are decided by the Union Government (State Government, in case of state).
- They cannot be varied to their disadvantage during service.
