Lokpal and Important Commissions

41. Who is not a member of the committee for the appointment of Chairperson and members of the National Human Rights Commission? [M.P.P.C.S. (Pre) 2014, 2019]

(a) Speaker of the House of People
(b) Chairman of the Council of States
(c) Leader of opposition in the House of People
(d) Leader of opposition in the Council of States

Correct Answer: (b) Chairman of the Council of States

Solution:Section 4 of the Protection of Human Rights Act, 1993 lays down that the Chairperson and the members of the Commission are appointed by the President of India, on the recommendations of a Committee consisting of:

The Prime Minister, the Speaker of the House of the People, Minister-in-charge of the Ministry of Home Affairs in the Government of India, leader of the Opposition in the House of the People, leader of the Opposition in the Council of States and Deputy Chairman of the Council of States. The chairman of the Council of States is not a member of the National Human Rights Commission.

42. Who is not a member of the committee constituted for recommendations of appointment of chairperson and other members of National Human Rights Commission? [M.P.P.C.S. (Pre) 2019]

(a) Prime Minister
(b) Speaker of the House of the People
(c) Leader of the Opposition in the House of the People
(d) Chairman of the Council of States

Correct Answer: (d) Chairman of the Council of States

Solution:Section 4 of the Protection of Human Rights Act, 1993 lays down that the Chairperson and the members of the Commission are appointed by the President of India, on the recommendations of a Committee consisting of:

The Prime Minister, the Speaker of the House of the People, Minister-in-charge of the Ministry of Home Affairs in the Government of India, leader of the Opposition in the House of the People, leader of the Opposition in the Council of States and Deputy Chairman of the Council of States. The chairman of the Council of States is not a member of the National Human Rights Commission.

43. Who is not the ex-officio member of the National Human Rights Commission? [M.P. P.C.S. (Pre) 2018]

(a) The Chairperson of the National Commission for Minorities
(b) The Chairperson of the Law Commission of India
(c) The Chairperson of the National Commission for the Scheduled Castes and Scheduled Tribes
(d) The Chairperson of the National Commission for Women

Correct Answer: (b) The Chairperson of the Law Commission of India

Solution:The National Human Rights Commission is a statutory body established in 1993. The commission is a multi - member body consisting of a chairman and four other members. The Chairman should be a retired Chief Justice of India or a judge of the Supreme Court.

The commission also has 6 Ex-officio members and one special invitee to statutory full commission. The Chairperson of Law Commission of India is not a member.

44. Which of the following statement is not correct in relation to Protection of Human Rights Act? [M.P.P.C.S. (Pre) 2019]

(a) Chairman holds office for a term of five years
(b) Members of the commission hold office for a term of five years.
(c) Member is not eligible for re-appointment for another term of five years
(d) Chairperson or a member is ineligible for further employment under government of India or government of any State

Correct Answer: (d) Chairperson or a member is ineligible for further employment under government of India or government of any State

Solution:As per protection of Human Right (Amendment) Act, 2019. The term of office the chairperson and and members reduces to three years or untill they attain the age of 70 years, whichever is earlier. Thus option (a), (b), (c) is wrong.

45. The tenure of the Chairman of the National Human Rights Commission is [M.P.P.C.S. (Pre) 2017]

(a) 3 years
(b) 4 years
(c) 5 years
(d) 6 years

Correct Answer: (a) 3 years

Solution:A person appointed as the Chairperson of National Human Rights Commission holds office for a term of 3 years from the date on which he enters upon his office or until he attains the age of seventy years, which- ever is earlier.

46. The term of office of members of the National Human Rights Commission from the date on which he/she enters upon his/her office is [M.P.P.C.S. (Pre) 2018]

(a) five years or till the age of 65 years
(b) five years or till the age of 70 years
(c) six years or till the age of 65 years
(d) six years or till the age of 70 years
(e) Three years till the age of 70 years

Correct Answer: (e) Three years till the age of 70 years

Solution:The Chairman and Members of the National Human Rights Commission hold office for a term of 3 years or until they attain the age of 70 years, which ever is earlier. After their tenure the Chairman and the members are not eligible for further employment under the Central or State Government.

47. Consider the following statements regarding the National Human Rights Commission of India - [I.A.S. (Pre) 1999]

1. Its Chairman must be retired Chief Justice of India.

2. It has formation 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?

Correct Answer: (e) 3 and 4

Solution:The Human Rights Commission was established in 1993. The Chairman and members of this Commission are appointed by the President. The Protection of Human Rights (Amendment) Act, 2019 entitles the Chief Justice of the Supreme Court as well as other Judges Suprem Court to be appointed as the chairman of the National Human Right Commission. Apart from this, the number of members (Civil Society) of the Commission has been increased from two to three, in which at least one member must be a woman. Its power are recommendatory in nature. The State Human Rights Commissions are constituted by the States and they are not the part of National Human Rights Commission. So, in the present perspective only statement 3 and statement 4 are true.

48. Read the following and select the correct answer from the code given below: [U.P.P.C.S. (Pre) (Re. Exam) 2015]

Assertion (A): The National Human Rights Commission (NHRC) is to be headed by a person who has been a former Chief Justice of India.

Reason (R) : The Chairperson of NHRC holds office for a term of 5 years or till he attains the age of 70 years, whichever is earlier.

Code:

(a) (A) is true, but (R) is false.
(b) (A) is false, but (R) is true.
(c) Both (A) and (R) are true.
(d) Both (A) and (R) are false.

Correct Answer: (d) Both (A) and (R) are false.

Solution:According to 'The Protection of Human Rights (Amendment) Act, 2019 the National Human Rights Commission (NHRC) is to be headed by former Chief Justice of India or a Judge of the Supreme Court. The Chairman of NHRC hold the office for 3 years or till he attains the age of 70 years, whichever is earlier. Thus Both (A) and (R) are wrong.

49. According to the National Human Rights Commission Act, 1993 who amongst the following can be its Chairman? [U.P.P.C.S. (Mains) 2007]

(a) Any Serving Judge of the Supreme Court
(b) Any Serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court

Correct Answer: (a) Any Serving Judge of the Supreme Court