The Chairperson of a State Human Rights Commission can only be removed by the :

2025

The Chairperson of a State Human Rights Commission can only be removed by the :

  1. A.

    President

  2. B.

    Chief Minister

  3. C.

    Home Minister

  4. D.

    Governor

Attempted by 6 students.

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Correct answer: A

The Protection of Human Rights Act, 1993 gives the Chairperson and Members of a State Human Rights Commission (SHRC) security of tenure comparable to judges of the higher judiciary. Under Section 23, removal from office rests solely with the President of India, through two routes: for 'proved misbehaviour or incapacity', only after the Supreme Court, on a Presidential reference, holds an inquiry and reports that removal is justified; or for specified disqualifying grounds — insolvency, engaging in paid employment outside the duties of office, unfitness due to infirmity of mind or body, unsoundness of mind declared by a competent court, or conviction and a sentence of imprisonment for an offence which, in the President's opinion, involves moral turpitude — where the President may order removal directly, without a Supreme Court inquiry. Either way, the removal order itself issues only from the President.

Applying this to the appointment chain: the Governor of the state formally appoints the Chairperson under Section 22, but only after a Committee recommends the name — the Chief Minister (as chair), the Speaker of the Legislative Assembly, the state Home Minister, and the Leader of the Opposition in the Assembly, joined also by the Chairman and the Leader of the Opposition of the Legislative Council in a state that has one. None of these appointment-related roles carries over into removal: once appointed, the Chairperson can be taken out of office only through the two Presidential routes described above.

  • President — the only authority empowered under Section 23 to issue a removal order, whether after a Supreme Court inquiry into proved misbehaviour or incapacity, or directly on one of the specified disqualifying grounds.

  • Chief Minister — chairs the committee that recommends a name for appointment to the Governor, but the Act gives the committee's chair no further authority once the appointment is made.

  • Home Minister — sits on the same recommending committee as an ordinary member, alongside the Speaker and the Leader of the Opposition, but this membership ends at the recommendation stage and confers no removal power.

  • Governor — formally appoints the Chairperson on the committee's recommendation and receives a resignation letter under Section 23(1), but the Act reserves the removal order itself for the President.

So, of the options given, only the President holds the power under the Protection of Human Rights Act, 1993 to remove a State Human Rights Commission's Chairperson — President is the correct answer.

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