State Human Rights Commission- UPSC Indian Polity Notes

State Human Rights Commission

Besides the National Human Rights Commission, the Protection of Human Rights Act, 1993 provides for the establishment of the Human Rights Commission in each state.

It has been entrusted with the responsibility of safeguarding and promoting human rights at the state level.

Composition of the State Human Rights Commission

The State Human Rights Commission consists of:

• A Chairperson who is a retired Chief Justice or a judge of a High Court;
• One Member who is a retired or serving Judge of a High Court;
• One Member who is a retired or serving district judge in that state,
• Two members are to be appointed from individuals with expertise or practical experience in matters pertaining to human rights.

The act provides for a Secretary, subject to the control of the Chairperson, who shall be the Chief Executive Officer (CEO) of the State Commission and will exercise administrative and financial powers of the commission.

Note: The appointment of any sitting Judge of a High Court or a sitting District Judge can only occur following consultation with the Chief Justice of the relevant High Court.

Appointment of Chairman and Other Members of SHRC

The Chairperson and other members of the commission are appointed by the Governor of that state.

Every appointment is made after obtaining the recommendation of a committee consisting of:

• The Chief Minister as Chairperson of this Committee.
• Speaker of the legislative assembly.
• Minister in charge of the Department of Home Affairs.
• Leader of the opposition (LoP) in the state assembly.
• Chairperson of the Legislative Council (In case of bicameral legislature)
• Leader of Opposition (LoP) in the legislative council (In case of bicameral legislature).

Term of office and other service conditions of Chairperson and Members

• Term: The Chairperson or the Members of the State Rights Commission hold office for a term of 3or until they attain the age of 70 years, whichever is earlier.

Note: Earlier, the tenure was a maximum of 5 years or 70 years of age, whichever is earlier, But the Protection of Human Rights (Amendment) Act 2019 amended that provision.

• Reappointment: Both the Chairperson and members are eligible for reappointment. However, they cannot hold office beyond the age of 70.
• Further Employment: After the end of the term, the Chairperson and members are ineligible for further employment under the state government.
• Salary and allowances: The salary, allowances and other service conditions are determined by the state government. However, they cannot be varied to their disadvantage after their appointment.

Note: The expenses, including the salary and allowances, are not charged on the consolidated fund of States.