UPSC POLITY NOTES 2026
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■ The commission may take any of the following steps during or upon the completion of an inquiry:
◇ it may recommend to the concerned government or authority to make payment of compensation or damages to the victim;
◇ it may recommend to the concerned government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant;
◇ it may recommend to the concerned government or authority for the grant of immediate interim relief to the victim;
◇ it may approach the Supreme Court or the high court concerned for the necessary directions, orders or writs.
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◇ it may recommend to the concerned government or authority to make payment of compensation or damages to the victim;
◇ it may recommend to the concerned government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant;
◇ it may recommend to the concerned government or authority for the grant of immediate interim relief to the victim;
◇ it may approach the Supreme Court or the high court concerned for the necessary directions, orders or writs.
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■ STATE HUMAN RIGHTS COMMISSION
#SHRCs
◇ The Protection of Human Rights Act of 1993 provides for the creation of not only the National Human Rights Commission but also a State Human Rights Commission at the state level.
◇ Accordingly, twenty six states have constituted the State Human Rights Commissions through Official Gazette Notifications.
◇ A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution. However, if any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
#SHRCs
◇ The Protection of Human Rights Act of 1993 provides for the creation of not only the National Human Rights Commission but also a State Human Rights Commission at the state level.
◇ Accordingly, twenty six states have constituted the State Human Rights Commissions through Official Gazette Notifications.
◇ A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution. However, if any such case is already being inquired into by the National Human Rights Commission or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
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■ COMPOSITION OF THE COMMISSION
◇ It is a multi-member body consisting of a chairperson and two members. Chairperson should be a retired Chief Justice or a Judge of a High Court and members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.
◇ Chairperson and members are appointed by Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. Further, a sitting judge of a High Court or a sitting District Judge can be appointed after consultation with the Chief Justice of the High Court of the concerned state.
◇ It is a multi-member body consisting of a chairperson and two members. Chairperson should be a retired Chief Justice or a Judge of a High Court and members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.
◇ Chairperson and members are appointed by Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. Further, a sitting judge of a High Court or a sitting District Judge can be appointed after consultation with the Chief Justice of the High Court of the concerned state.
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■ REMOVAL OF MEMBERS
#SHRCs
◇ If he is adjudged an insolvent; or
◇ If he engages, during his term of office, in any paid employment outside the duties of his office; or
◇ If he is unfit to continue in office by reason of infirmity of mind or body; or If he is of unsound mind and stands so declared by a competent court; or
◇ If he is convicted and sentenced to imprisonment for an offence.
In addition to these, the president can also remove the chairperson or a member on the ground of proved misbehaviour or incapacity. However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member.
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#SHRCs
◇ If he is adjudged an insolvent; or
◇ If he engages, during his term of office, in any paid employment outside the duties of his office; or
◇ If he is unfit to continue in office by reason of infirmity of mind or body; or If he is of unsound mind and stands so declared by a competent court; or
◇ If he is convicted and sentenced to imprisonment for an offence.
In addition to these, the president can also remove the chairperson or a member on the ground of proved misbehaviour or incapacity. However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member.
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