The National Human Rights Commission was established under the statute of :
- A.The Protection of Human Rights Act, 1993
- B.The Protection and Implementation of Human Rights Act, 1993
- C.The Human Rights Act, 1993
- D.The Human Rights Commission Act, 1993
Correct answer
Explanation
The correct answer is A, The Protection of Human Rights Act, 1993. The NHRC is a statutory body set up on 12 October 1993 under this Act, which Parliament passed after an ordinance of September 1993.
Because it was created by a law of Parliament and not by the Constitution, the NHRC is a statutory, not a constitutional, body. The same Act also provides for State Human Rights Commissions and for Human Rights Courts in districts. The chairperson is a former Chief Justice of India or a former judge of the Supreme Court, appointed by the President on the recommendation of a committee headed by the Prime Minister. The commission inquires into violations of human rights, but its recommendations are not binding.
B is wrong: no Act bears the name 'Protection and Implementation of Human Rights Act'.
C is wrong: the Human Rights Act is a British law of 1998, not the Indian statute.
D is wrong: there is no Human Rights Commission Act; the commission comes from the 1993 Protection of Human Rights Act.
Exam tip: NHRC is statutory: Protection of Human Rights Act 1993, set up 12 October 1993.
Practice Questions
View allWhich of the following statements about the Convention on the Elimination of All Forms of Discrimination against Women are correct? 1. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women. 2. The Convention devotes major attention to women's reproductive rights. 3. The implementation of the Convention is monitored by the Committee on Human Rights. Select the answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
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CEDAW grew out of the Commission on the Status of Women and addresses reproductive rights, but it has its own monitoring committee.
Read the full explanation →Which of the following are a part of the 'basic features' of the Constitution of India as drawn from various decisions of the Supreme Court? 1. Effective access to justice 2. Rule of Law 3. Limitations upon the amending power under Article 368 Select the correct answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
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The Supreme Court has counted all three among the basic features that Parliament cannot destroy. The basic structure doctrine was laid down in Kesavananda Bharati (1973): Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure.
Read the full explanation →The Governor of a state may exercise discretionary powers when 1. he or she is not convinced by the advice of the Council of Ministers 2. the Constitution requires him/her to act in his/her discretion in certain matters 3. he or she is appointed as the administrator of an adjoining Union Territory Select the correct answer using the code given below :
- A.1, 2 and 3
- B.1 and 2 only
- C.2 and 3 only
- D.3 only
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The Governor acts in discretion only where the Constitution allows it, which includes running an adjoining Union Territory. Article 163 says the Council of Ministers headed by the Chief Minister aids and advises the Governor, except where the Constitution requires the Governor to act in discretion.
Read the full explanation →Which of the following statements in respect of the nature of the federal system in India is/are correct? 1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States. 2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India. 3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers. Select the answer using the code given below.
- A.1, 2 and 3
- B.2 only
- C.2 and 3 only
- D.1 and 3 only
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Only the statement about where residuary powers lie is correct. The American federation was formed by an agreement among states that already existed, so its Constitution guards 'State rights'.
Read the full explanation →With reference to the election of the President of India, consider the following statements : 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which of the statements given above is/are correct ?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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An MLA's vote value depends on the State's population, but every elected MP, in either House, has the same vote value.
Read the full explanation →