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Showing posts with label JH-POLITICAL-E. Show all posts
Showing posts with label JH-POLITICAL-E. Show all posts

Wednesday, June 9, 2021

State Human Rights Commission - Indian Polity (JPSC/ JSSC/ UPSC)

State Human Rights Commission

The protection of the Human Rights Act, 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, 25 states have been constituted the State Human Rights Commissions through Official Gazzette Notifications. 

State Human Rights Commission - Indian Polity (JPSC/ JSSC/ UPSC)

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 7th 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.


Composition of the Commission:

The State Human Rights Commission is a multi-member body consisting of 

  • a chairperson- should be a retired Chief Justice of a High Court;
  • two members- members should be a serving or retired Judge of a High Court or a District Judge in the State with a minimum of 7 years of experience as District Judge and a person having knowledge or practical experience concerning human rights.

Appointment:

  • The Chairperson and members are appointed by the Governor on the recommendations of a committee 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 a 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 only after consultation with the Chief Justice of the High Court of the concerned State.

Tenure:

  • The chairperson and members hold office for a term of 5 years or until they attain the age of 70 years, whichever is earlier. 

  • After their tenure, they are not eligible for further employment under a State government or the Central government.

Removal:

Although the Chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor).

The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member under the National Human Rights Commission. He can remove the chairperson or member under the following circumstances;

  • If he is adjudged an insolvent; or
  • If he engages, during his term of office, in any paid employment outside the duties of his offices; or
  • If he is unfit to continue in the office because of the 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 office; or
  • On the ground of proved misbehavior 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.


Salary/ Allowances:

The salaries/ allowances and other conditions of service of the chairman or a member are determined by the State government. But, they can be varied to his disadvantage after his appointment.

All the above provisions are aimed at securing autonomy, independence, and impartiality in the functioning of the Commission.


Functions of Commission:

  • To inquire into a violation of human rights or negligence in the prevention of such violations by a public servant, either suo motu or on a petition presented to it or on an order of a court.

  • To intervene in any proceeding involving allegations of violation of human rights pending before a court.

  • To visit Jails and detention places to study the living conditions of inmates and make recommendations thereon.

  • To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.

  • To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.

  • To undertake and promote research in the field of human rights.

  • To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.

  • To encourage the efforts of non-governmental organizations (NGOs) working in the field of human rights.

  • To undertake such other functions as it may consider necessary for the promotion of human rights. 

 Working of the Commission:

The Commission is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character. It may call for information or report from the State government or any other authority subordinate thereof.

The Commission is not empowered to inquire into any matter after the expiry of one year from the date which the act constituting a violation of human rights is alleged to have been committed.

The Commission may take any of the following steps during or upon the completion of an inquiry:

  • It may recommend to the State government or authority to make payment of compensation or damages to the victim.

  • It may recommend to the State government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant.

  • It may recommend to the State government or authority for the grant of immediate interim relief to the victim.

From the above, it is clear that the functions of the Commission are mainly recommendations in nature. It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim. 

Its recommendations are not binding on the State government or authority. But, it should be informed about the action taken on its recommendations within one month.

The Commission submits its annual or special reports to the State government. These reports are laid before the State Legislature, along with a memorandum of action taken on recommendations of the Commission and the reasons for non-acceptance of any such recommendations.


Human Rights Courts: 
The protection of the Human Rights Act (1993) also provides for the establishment of the Human Rights Court in every district for the speedy trial of violation of human rights. These Courts can be set up by the State government only with the occurrence of the Chief Justice of the High Court of that State.

For every Human Rights Court, the State government specifies a public prosecutor or appoints an advocate (who has practiced for 7 years) as a special public prosecutor.

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Friday, February 19, 2021

Constitution of India- JPSC Gk Indian Polity and Governance

CONSTITUTION OF INDIA - JPSC GK

Q1. Which schedule of the Constitution of India contains provisions regarding the anti-deflection Act ? - Tenth (10th) Schedule

Q2. The Constitution of India recognizes ? - religious and linguistic minorities

Q3. An amendment to the Constitution of India can be initiated by the ? - Lok Sabha & Rajya Sabha

Q4. The 73rd Constitution Amendment Act, 1992 refers to the ? - laying the foundation for strong and vibrant Panchayati Raj institutions in the country

Q5. Which Article of the Constitution provides that it shall be the endeavor of every state to provide an adequate facility for instruction in the mother tongue at the primary stage of education ? - Article 350-A

Q6. Which describes the Fourth Schedule of the Constitution of India ? - It allocates seats in the Council of States

Q7. According to the status of National Territory to Delhi  - The Constitution (69th Amendment ) Act, 1991

Q8. Establishment of state-level Rent Tribunals - The Constitution (75th Amendment) Act, 1994

Q9. Accepting the recommendations of the Tenth Finance Commission - The Constitution (80th Amendment) Act, 2000

Q10. No reservations for Scheduled Castes in Panchayats in Arunachal Pradesh - The Constitution (83rd Amendment) Act, 2000

Q11. If a new state of the Indian Union is to be created, which schedule of the Constitution must be amended ? - First (1st)

Q12. Election of the President of India - Article 54

Q13. Appointment of the Prime Minister - Article 75

Q14. Appointment of the Governor of a State - Article 155

Q15. Appointment of the Chief Minister & Council of Ministers of a State - Article 164

Q16. Which amendment of the Indian Constitution empowers the President to send back any matter of reconsideration by the Council of Ministers - 44th Amendment

Q17. The 93rd Constitution Amendment deals with the ? - free and compulsory education for all children between the age of 6 and 14 years

Q18. No person can be discriminated against in the matter of public appointment on the ground of race, religion, or caste ? - Article 16 (2)

Q19. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language, or any of them ? - Article 29 (2)

Q20. All minorities whether based on religion or languages shall have to establish and administer educational institutions of their choice ? - Article 30 (I)

Q21. No person shall be deprived of his property save by the authority of law ? - Article 31 (I)

Q22. The purpose of the inclusion of Directive Principles of the State Policy in the Indian Constitution is to establish ? - Social and economic democracy

Q23. Which article of the Directive Principles of the State Policy deals with the promotion of international peace and security ? - Article 51

Q24. The Ninth (9th) Schedule to the Indian Constitution was added by ? - First Amendment

Q25. Under which Article of the Indian Constitution did the President give his assent to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002) ? - Article 123

Q26. Which Article of the Indian Constitution provides that 'It shall be the duty of the Union to protect every State against external aggression and internal disturbance'? - Article 355

Q27. Directive Principles of State Policy - Ireland

Q28. Fundamental Rights - United States of America

Q29. Concurrent List in Union-State Relations - Australia

Q30. India as a Union of States with greater powers to the Union - Canada

Q31. Which Constitutional Amendments are related to raising the number of Members of Lok Sabha to be elected from the States ? - 7th and 31st Amendment

Q32. Which Schedule of the Indian Constitution lists the names of States and specifies their territories ? - First

Q33. What describes the Fourth Schedule of the Constitution of India ? - It allocates seats in the Council of States

Q34. Which article of the Constitution of India says that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union ? - Article 257

Q35. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India ? - Article 14

Q35. The State shall not discriminate against any citizen on grounds only religion, race, caste, sex, place of birth, or any of term ? - Article 15

Q36. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State ? - Article 16

Q37. 'Untouchability' is abolished and its practice in any form is forbidden ? - Article 17

Q38. Which Article of the Constitution of India says, ' No child below the age of fourteen years shall the employed to work in any factory or mine or engaged in any other hazardous employment' ? - Article 24

Q39. The Constitution (98th Amendment) Act is related to ? - the Constitution of the National Judicial Commission

Q40. Who was the Chairman of the Union Constitution Committee of the Constituent Assembly ? - Jawaharlal Nehru

Q41. What does the 104th Constitution Amendment Bill relate to ? - Providing quota to socially and educationally backward classes in private educational institutions

Q42. Which Schedule of the Constitution Amendment Acts, four languages were added to the list o languages under the Eighth Schedule of the constitution of India, thereby raising their number to 22 ? - Constitution (Ninety-third Amendment) Act

Q43. The distribution of powers between the Centre and the States in the Indian Constitution is based on the Act provided in the ? - Government of India Act, 1935

Q44. With reference to Indian History, the Members of the Constituent Assembly from the provinces were ? - elected by the Provincial Legislative Assembly

Q45. According to the Constitution of India, which is fundamental for the governance of the country ? - Directive Principles of State Policy

Q46. Which Schedule of the Constitution of India contains provisions regarding anti-deflection ? - Tenth Schedule

Q47. In the Constitution of India, the promotion of international peace and security is included in the ? Directive Principles of State Policy

Q48. The provisions of the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to ? - protect the interests of Scheduled Tribes

Q49. Who is the custodian of the Constitution of India ? - The Supreme Court of India

Q50. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the ? - Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Q51. The mind of the makers of the Constitution of India is reflected in which ? - The Preamble

Q52. In federation established by the Government of India Act, 1935. Residuary Power was given to the ? - Governor-General

Q53. Right to Privacy is protected as an intrinsic part of the Right to Life and Personal Liberty. Which Constitution of India correctly and appropriately imply ? - Article 21 and the freedoms guaranteed in Part III.



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