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In the event of occurrence of any vacancy in the Office of the Chairperson of the State Commission, who can authorize one of the members to act as Chairperson?

  • A.The Chief Justice of the High Court
  • B.The President
  • C.The Chairperson of the National Human Rights Commission
  • D.The Governor

Answer: D

The authority is the Governor.

The Protection of Human Rights Act, 1993 provides that when the office of Chairperson of a State Human Rights Commission falls vacant by death, resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as Chairperson until a new Chairperson is appointed. The parallel provision for the National Commission gives this power to the President.

The President acts for the National Commission, not a State Commission. The Chief Justice of the High Court and the Chairperson of the NHRC have no power to fill the post.

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