State Human Rights Commission

Creation and Jurisdiction:

• The Act allows for the creation of a State Human Rights Commission (SHRC) at the state level.

• SHRCs can inquire into violations of human rights concerning subjects under the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.

• If a case is already being inquired into by the NHRC or any other statutory commission, the SHRC does not have jurisdiction to inquire into that case.

Composition:

• The SHRC is a multi-member body consisting of a chairperson and two members.

• The chairperson should be a retired chief justice or judge of a high court.

• The members should include 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 with knowledge or practical experience with respect to human rights.

Appointment:

• The chairperson and members are appointed by the governor on the recommendations of a committee headed by the chief minister and including the speaker of the legislative assembly, the state home minister, and the leader of the opposition in the legislative assembly.

• In states with a legislative council, the chairman of the council and the leader of the opposition in the council are also part of the committee.

• 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 three years or until they reach the age of 70 years, whichever comes first.

• They are eligible for reappointment but are ineligible for further employment under the state or central government after their tenure.

Removal:

• Although the chairperson and members of an SHRC are appointed by the governor, they can be removed only by the president, not the governor.

• The president can remove them on the same grounds and in the same manner as the chairperson or a member of the NHRC. This includes grounds such as insolvency, paid employment outside the duties of office, unfitness due to infirmity of mind or body, unsound mind as declared by a competent court, conviction and imprisonment, and proved misbehavior or incapacity, which requires an inquiry and recommendation from the Supreme Court.

Functions:

• Like the NHRC, the SHRCs focus primarily on inquiry and recommendations regarding violations of human rights. Their functions are recommendatory, and their recommendations are not binding on the respective state government or authority.