GS PrelimsPolityJudiciary and Human Rights2004

According to the National Human Rights Commission Act, 1993, who amongst the following can be its chairman?

A

Any serving Judge of the Supreme Court

B

Any serving Judge of the High Court

C

Only a retired Chief Justice of India

D

Only a retired Chief Justice of High Court

Correct Answer: Option C

Explanation

1. The question asks about the eligibility criteria for the chairman of the National Human Rights Commission (NHRC) according to the National Human Rights Commission Act, 1993 (Protection of Human Rights Act, 1993). 2. As per Section 3(2) of the Act *as it stood in 1993 and for many years after*, the Chairperson must be someone who has been a Chief Justice of India. 3. The Act did not specify 'retired' explicitly in the main clause, but in practice and by interpretation, only a retired Chief Justice of India could be appointed, as a sitting CJI would not typically take up the role. 4. Options A, B, and D (serving Supreme Court Judge, serving High Court Judge, retired Chief Justice of High Court) were not eligible for the position of Chairperson under the original Act. 5. (Note: The Act was amended in 2019 to allow a retired Judge of the Supreme Court to also be eligible for the Chairperson position, but the question refers to the 1993 Act). Therefore, according to the 1993 Act, only a retired Chief Justice of India could be the chairman.

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