Page 49 – State Human Rights Commission

Based on M. Laxmikanth – Indian Polity (6th Edition)

📖 Part VIII: Non-Constitutional Bodies 📄 Page 49 of 60
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Key Idea Summary

Core concepts and exam relevance

Core Concept Summary

State Human Rights Commissions work at state level to:

  • Protect human rights
  • Investigate violations
  • Advise state governments

They operate under the same Protection of Human Rights Act, 1993 as NHRC.

📌 Why This Topic is Important for UPSC / State Exams
  • Powers vs NHRC comparison
  • Appointment procedure
  • Jurisdiction limitations
  • State-level human rights protection
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Composition of SHRC

Structure and appointments

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Composition

  • Chairperson: Former Chief Justice of High Court
  • One member: Sitting/retired HC Judge
  • One member: Having HR knowledge
  • Appointed by Governor
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Selection Committee

  • Chief Minister (Chairperson)
  • Speaker of Legislative Assembly
  • Home Minister
  • Leader of Opposition
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Tenure

  • 3 years OR
  • 70 years of age
  • Whichever is earlier
  • Eligible for reappointment
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Removal

  • By President (not Governor)
  • After Supreme Court inquiry
  • Same process as NHRC removal
  • Ensures independence from state govt
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Powers & Functions

What SHRC can do

✅ Powers

  • Enquire into human rights complaints
  • Inspect jails & detention centres
  • Recommend reforms
  • Advise state on HR laws
  • Civil court powers
  • Investigate custodial deaths

❌ Limitations

  • Recommendations NOT binding
  • Cannot investigate central agencies
  • Limited to state subjects
  • Depends on state government
  • No prosecution powers
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NHRC vs SHRC Comparison

Key differences

Feature NHRC SHRC
Level National State
Chairperson Former CJI Former HC Chief Justice
Appointed by President Governor
Removal by President (after SC inquiry) President (after SC inquiry)
Jurisdiction Union + States State matters only
Can investigate Central agencies? Yes (limited for armed forces) No
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State HRCs Setup

Implementation across states

1
1993 – Act Passed

Protection of Human Rights Act provides for SHRCs

2
1990s – Early Adopters

West Bengal, Tamil Nadu, Maharashtra among first to establish SHRCs

3
2000s – Expansion

Most major states establish State Human Rights Commissions

4
Present – Active Role

SHRCs handle thousands of state-level HR complaints annually

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Simulation Lab

SHRC Complaint Process

🧪 SHRC Action Simulator

Select a scenario to see SHRC's action.

SHRC Process
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Select a scenario to see SHRC's action.

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Exam Booster – Practice Questions

Test your understanding

1 Who is the SHRC Chairperson qualified to be?

A Former Chief Justice of India
B Former Chief Justice of High Court
C Any retired judge
D Serving High Court judge
✓ Correct Answer: B – Former Chief Justice of High Court

SHRC Chairperson must be former Chief Justice of High Court. NHRC Chairperson = Former CJI.

2 Can SHRC investigate central agencies?

A Yes
B No
C Only with Centre's permission
D Only in emergency
✓ Correct Answer: B – No

SHRC cannot investigate central agencies (BSF, CRPF, Army, etc.). Such cases go to NHRC. SHRC is limited to state subjects only.

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Memory Hooks & Quick Revision

Key takeaways for exam day

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Revision Summary

One-Line Takeaway
"SHRC mirrors NHRC. Functions similar but limited to state subjects."
3 Exam Points to Remember
  • 1 Chairperson: Former HC Chief Justice | Appointed by: Governor
  • 2 Removal: By President (NOT Governor) after SC inquiry | Same as NHRC
  • 3 Cannot: Investigate central agencies | Limited to state subjects only