LUXMIKANT POLITY CRUX NOTES-CHAPTER-56

State Human Rights Commission

Intro ·         Work in state- 25 states have enquiries violation against human Rights on state list (II) & concurrent List (III) of

·         7th Schedule cases for violation against SHRC do not but it transferred that in inquire.

Composition Of The Commission ·         Chairperson + 2 member retired Chief Justice

·         Appointed by governor on recommendations of a committee.

·         Serving or Retired Judge of HC.

·         District Judge (Min 7 years)

·         Or a person with practical Experiences.

·         5 years/70 years – No further employment under state or center.

·         Removed by POI ( same as NHRC)

·         Salary allowance by S.L

·         Function same as NHRC

·         Same working and nature of Recommendation as NHRC.

·         Human Right Court

Functions Similar to the functions of the National HR Commissions but on state level.
Working of the Commission ·         Power to regulate in own procedure – all powers of civil court and has judicial character.

·         Not empowered to inquire in any matter after 1 year of its expiry – from the date of commission of act.

·         Mainly recommendary in nature – no power to Punish – not binding on SG

·         Submits well or special reports to SG.

Human Rights Courts Protection Of H.R Court Act (1993): Human Right Court in Every District

Setup by CJ (HC) + a Special Public prosecutor (7 Years)

2019 Amendment Act 1.       Person who has been judge of SC – eligible to be appointed as chairperson of NHRC.

2.       Increase number of members in NHRC from 2 to 3. At least one woman

3.       Made chairpersons of NCBC and NCPCR as chief Commissioner for persons with disabilities as Ex-officio members of NHRC

4.       Reduce term of chairperson of NHRC and members from 5 to 3 years – reappointment allowed

5.       Person judge of High Court eligible as chairperson of State HRC.

6.       Secretary general of NHRC exercise on administrative and financial powers – no judicial functions. Provided secretary of state HRC same powers at state level

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