Polity · Non-Constitutional Bodies
The State Human Rights Commission (SHRC) is a statutory body established under the Protection of Human Rights Act, 1993, to inquire into human rights violations within the domain of State and Concurrent List subjects. This chapter covers its composition, appointment, removal, functions, working powers, limitations, and the allied provision for Human Rights Courts.
The Protection of Human Rights Act, 1993 (amended in 2006) mandates the creation of a State Human Rights Commission (SHRC) at the state level, alongside the National Human Rights Commission (NHRC) at the Centre. As of 2016, 25 states have constituted their respective SHRCs through Official Gazette Notifications.
Key Limitation on Jurisdiction: The SHRC can examine human rights violations only in relation to subjects that fall under the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule. It cannot inquire into matters exclusively under the Union List. Further, if a case is already under inquiry by the NHRC or any other statutory commission, the SHRC is barred from taking up that same case.
The SHRC is a multi-member body comprising:
The 2006 Amendment reduced the membership of the SHRC from five to three and also revised the eligibility conditions for members.
The Governor appoints the Chairperson and members on the recommendation of a consultative committee comprising:
In states with a Legislative Council, the following are additionally included:
Where a sitting High Court judge or sitting District Judge is to be appointed, prior consultation with the Chief Justice of the concerned High Court is mandatory.
Despite being appointed by the Governor, the Chairperson and members of an SHRC can only be removed by the President — not by the Governor. This is a significant constitutional safeguard for independence.
Grounds for removal by the President (without Supreme Court reference):
Removal on grounds of proved misbehaviour or incapacity: In such cases, the President must refer the matter to the Supreme Court for an inquiry. Only if the Supreme Court upholds the cause of removal and advises so can the President act.
Salaries and service conditions are determined by the state government but cannot be varied to the disadvantage of the Chairperson or member after appointment — ensuring financial independence.
The Commission performs the following functions:
One-Year Limitation: The Commission cannot inquire into any matter after one year from the date of the alleged violation. Only violations within the preceding year are admissible.
During or after an inquiry, the Commission may:
The SHRC's powers are recommendatory, not binding:
The Commission submits annual or special reports to the state government, which are then laid before the state legislature along with a memorandum detailing actions taken on recommendations and reasons for non-acceptance of any recommendations.
The Protection of Human Rights Act, 1993 also provides for Human Rights Courts at the district level for the speedy trial of human rights violations.
| Aspect | Key Detail |
|---|---|
| Statutory basis | Protection of Human Rights Act, 1993 (amended 2006) |
| Appointing authority | Governor |
| Removing authority | President (not Governor) |
| Chairperson eligibility | Retired Chief Justice of a High Court |
| Jurisdiction | State List + Concurrent List only |
| Tenure | 5 years or 70 years of age, whichever is earlier |
| Nature of powers | Recommendatory, not binding |
| Time limit for complaints | 1 year from the date of violation |
| Human Rights Courts | Set up with concurrence of High Court Chief Justice |
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This chapter covers Statutory Basis, Composition, Appointment, Tenure and Post-Retirement Restrictions, Removal. It is organized as revision-ready notes followed by a linked practice quiz.
For Rights Protection Below the National Level: State Human Rights Commissions and Their Scope, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the Rights Protection Below the National Level: State Human Rights Commissions and Their Scope chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.