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Difficulty: MediumStatutory Bodies, Citizen Charters, RTI, and Public Policy Governance

Consider the following statements regarding the State Human Rights Commission (SHRC) established under the Protection of Human Rights Act, 1993:

1. The Chairperson and members of the SHRC are appointed by the Governor of the state on the recommendation of a statutory selection committee.
2. The Chairperson or any member of the SHRC can be removed from office only by an order of the Governor of the state on the grounds of proved misbehaviour or incapacity.
3. The statutory selection committee for recommending appointments includes the Leader of the Opposition in the State Legislative Assembly.

Which of the statements given above is/are correct?

  1. 1 and 3 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

1 and 3 only
The statements establishing appointment by the Governor (Statement 1) and inclusion of the Leader of the Opposition in the selection committee (Statement 3) are correct. The statement suggesting that the Governor can remove SHRC members (Statement 2) is incorrect because removal authority is vested solely in the President of India under Section 23 of the Protection of Human Rights Act, 1993.

Step-by-Step Solution

1
Analyze Statement 1 regarding the appointing authority of the State Human Rights Commission
Statement 1 is correct. Under Section 22 of the Protection of Human Rights Act, 1993, the Chairperson and members of an SHRC are appointed by the Governor by warrant under his hand and seal.
Determine statutory appointment powers under the 1993 Act.
2
Analyze Statement 2 regarding the removal procedure and authority
Statement 2 is incorrect. Under Section 23 of the Protection of Human Rights Act, 1993, the Chairperson or any member of an SHRC can only be removed from office by an order of the President of India (and not the Governor) after an inquiry by the Supreme Court.
Identify the distinct constitutional/statutory separation between appointment and removal authorities.
3
Analyze Statement 3 regarding the composition of the selection committee
Statement 3 is correct. The selection committee includes the Chief Minister (Head), Speaker of the Legislative Assembly, State Minister in charge of the Department of Home, and Leader of the Opposition in the Legislative Assembly.
Verify statutory membership requirements for the SHRC recommendation committee.

Key Concept

State Human Rights Commission (SHRC) appointment committee composition and President-only removal power under the Protection of Human Rights Act, 1993
Estimated Time:1m 0s
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Topics

Statutory Bodies, Citizen Charters, RTI, and Public Policy Governance

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