Constitutional Governance and Human Rights Questions and Answers

Answer: B

The true statement is that the Act came into force on 28th September, 1993.

The Protection of Human Rights Ordinance was promulgated on 28 September 1993, and the National Human Rights Commission was set up under it on 12 October 1993. The Protection of Human Rights Act, 1993, which replaced the ordinance, received the President's assent on 8 January 1994, but section 1(3) provides that it shall be deemed to have come into force on 28 September 1993.

23rd September is the wrong day, and 1995 is the wrong year for both of the remaining dates.

Answer: B

The Commission is deemed to be a Civil Court.

Section 13(5) of the Protection of Human Rights Act, 1993 provides that the Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, and every proceeding before it is deemed a judicial proceeding for the purposes of sections 193 and 228 of the Indian Penal Code. This lets it act against contempt such as refusing to answer, to sign a statement or to produce documents, and insulting or interrupting it, which are the offences under sections 175 to 180 and 228.

It is not deemed a criminal court or a revenue court, so the other options are wrong.

Answer: C

The Commission will seek a report from the Central Government.

Section 19 of the Protection of Human Rights Act, 1993 lays down a special procedure for the armed forces. When dealing with a complaint of human rights violation by members of the armed forces, the Commission may, on its own motion or on a petition, only seek a report from the Central Government. After receiving the report it may either decline to proceed or make recommendations to the government, which must inform the Commission of the action taken within three months.

The Commission cannot investigate such complaints itself, as it can for other public servants, and it has no power to direct police officers to inquire into the armed forces, so those options are wrong.

Answer: B

The consultation is with the Chief Justice of the High Court of the concerned State.

Under the proviso to section 22(1) of the Protection of Human Rights Act, 1993, no sitting Judge of a High Court or sitting District Judge can be appointed to a State Human Rights Commission except after consultation with the Chief Justice of the High Court of that State. This protects the independence of the judiciary over the deployment of its judges.

The Governor makes the appointment on the recommendation of a committee, but the consultation required for sitting judges is with the Chief Justice of the High Court, not with the Governor, the President or the Chief Justice of India.

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.

Answer: B

They are deemed to be Public Servants.

The Protection of Human Rights Act, 1993 provides that every Member of the Commission and of a State Commission, and every officer appointed or authorised by them to exercise functions under the Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. This brings them under the criminal law that applies to public servants, including the protection and the accountability that go with that status.

'Public Officer' and 'Officer of Commission' are not the terms the Act uses, and 'None of the above' is ruled out because the Act states the deeming rule expressly.

Answer: B

The State Commission submits its annual report to the State Government.

Section 28 of the Protection of Human Rights Act, 1993 requires the State Commission to submit an annual report, and special reports when needed, to the State Government. The State Government then lays the report before the State Legislature with a memorandum of the action taken on the recommendations and the reasons for not accepting any of them.

The National Commission similarly reports to the Central Government. The Governor, the Chief Justice of the High Court and the Chief Justice of India do not receive the State Commission's annual report under the Act.

Answer: B

The one not included is Armed Forces of the State.

Section 2(1)(a) of the Protection of Human Rights Act, 1993 defines 'armed forces' as the naval, military and air forces, and includes any other armed forces of the Union. Forces of the States, such as state armed police, are not part of this definition; complaints against them are dealt with by the Commission's ordinary procedure, not the special procedure for the armed forces.

The navy, the military and the air force are named in the definition itself, so they are included.

Answer: D

The Governor is not on the committee.

Under section 22 of the Protection of Human Rights Act, 1993, the Chairperson and Members of a State Human Rights Commission are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister (chairperson), the Speaker of the Legislative Assembly, the Minister in charge of the Department of Home, and the Leader of the Opposition (with the Chairman and Leader of the Opposition of the Legislative Council in states that have one).

The Governor makes the appointment but does not sit on the recommending committee.

Answer: D

The ex officio members are all of the above.

Section 3(3) of the Protection of Human Rights Act, 1993 provides that the Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes (later split into two commissions) and the National Commission for Women shall be deemed to be members of the NHRC for the discharge of certain functions. The list has since been widened by amendment.

Since every option names one of these chairpersons, 'All of the above' is the complete answer.