MCQs Based On Political Science- (116)

Correct Option: 1. Protection of Human Rights Act, 1993.
Explanation: The SHRC was established under the Protection of Human Rights Act, 1993, which also established the National Human Rights Commission (NHRC). SHRC – State Human Rights Commission
The State Human Rights Commission (SHRC) is a statutory body established under the Protection of Human Rights Act, 1993. Its purpose is to ensure the protection and promotion of human rights at the state level.
✅ Key Points about SHRC
🏛️ Establishment
-Created under The Protection of Human Rights Act, 1993.
-Set up by state governments through Gazette Notifications.
-26 states have constituted SHRCs.
⚖️ Jurisdiction
SHRC can inquire into matters listed in the:
-State List (List-II)
-Concurrent List (List-III) of the Constitution.
-Cannot inquire into cases: Already being investigated by NHRC or any other statutory commission.
👥 Composition
-Chairperson: Retired Chief Justice or Judge of a High Court (as per 2019 amendment).
-Two members:
1. A current/retired Judge of High Court or District Judge (minimum 7 years experience).
2. A person with practical knowledge or experience in human rights.
🏛️ Appointment
-Appointed by the Governor.
-Based on recommendations from a committee comprising:
-Chief Minister (Chairperson)
-Speaker of Legislative Assembly
-State Home Minister
-Leader of Opposition
-(If there is a Legislative Council) Chairman and Leader of Opposition of the Council
⏳ Tenure and Removal
-Tenure: 3 years or until age 70, whichever is earlier (revised by 2019 Amendment).
-Reappointment: Allowed.
-Post-tenure employment: Not allowed in State or Central Govt.
-Removal: Only by the President of India, on specified grounds (e.g. insolvency, misbehavior, infirmity, etc.), and sometimes after a Supreme Court inquiry.
🛠️ Functions
-Inquire into human rights violations (suo motu, petitions, or court orders).
-Visit jails and detention centers to inspect conditions.
-Review constitutional/legal safeguards and suggest reforms.
-Promote human rights literacy and awareness.
-Encourage and support NGOs.
-Recommend compensation, prosecution, or relief—but recommendations are not binding.
⚖️ Powers
-Has powers of a civil court (e.g., summon, evidence collection).
-Cannot inquire into matters older than one year.
-May approach High Court or Supreme Court for enforcement of rights.
-Receives annual reports, which are laid before the State Legislature.
⚖️ Human Rights Courts
-Set up in every district for speedy trial of human rights violations.
-Require concurrence of the Chief Justice of the High Court.
-Special Public Prosecutors appointed for these courts.
🔁 2019 Amendment – Major Changes
-Eligibility widened for chairperson roles (Judge of HC can now head SHRC).
-Tenure reduced to 3 years (from 5).
-Reappointment permitted.
-SHRC can be assigned Union Territory duties (except Delhi).
-Secretary of SHRC empowered with administrative and financial powers.
📌 Limitations
-No punitive powers – Can only recommend action.
-Recommendations not binding on the government.
-Limited jurisdiction (only State and Concurrent Lists, and 1-year time limit).

Correct Option: 3. Governor of the state.
Explanation: The Chairperson and members are appointed by the Governor on the recommendation of a committee headed by the Chief Minister and including other legislative leaders.

Correct Option: 2. 3 years or 70 years.
Explanation: As per the 2019 Amendment, the term is 3 years or until the age of 70, whichever is earlier. Members can be re-appointed.

Correct Option: 3. Yes, but its recommendations are not binding.
Explanation: SHRC can recommend compensation, prosecution, or relief, but these are recommendatory and not enforceable by law. However, the state government must respond within one month.

Correct Option: 4. Award punishments to violators.
Explanation: SHRC has no power to punish violators. It can only inquire and make recommendations.