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State Human Rights Commission

A State Human Rights Commission is set up by a State Government under the Protection of Human Rights Act, 1993.

⏱ 3 min read✓ Facts checked 23 October 2026

Contents

At a glance

  1. Chapter V of the Act (sections 21-29) deals with State Commissions.
  2. Term (section 24): three years for the Chairperson and each Member, ending earlier at age seventy; both are eligible for reappointment. The 2019 amendment cut the term from five years.
  3. Chairperson: must have been a Chief Justice or a Judge of a High Court (the 2019 amendment added "or a Judge"); being a jurist is not enough.
  4. It inquires only into matters relatable to the State List and the Concurrent List (section 21(5)).

Facts

Set up byThe State Government, which "may constitute" it (section 21(1))
MembersThree, under section 21(2) as substituted in 2006: the Chairperson; one Member who is or has been a High Court Judge or a District Judge with at least seven years as District Judge; one Member with knowledge or practical experience of human rights
Appointed byThe Governor, by warrant under his hand and seal, on the recommendation of a committee: the Chief Minister (Chairperson), the Speaker, the Home Minister and the Leader of Opposition in the Assembly (section 22(1))
Sitting judgesA sitting High Court Judge or District Judge is appointed only after consulting the Chief Justice of the High Court
Resignation and removalResigns by writing to the Governor; removed by order of the President for proved misbehaviour or incapacity after a Supreme Court inquiry, or without inquiry for insolvency, paid employment outside the office, infirmity of mind or body, unsound mind or a conviction involving moral turpitude (section 23)
After officeIneligible for further employment under a State or the Government of India (24(3))
SecretaryThe chief executive officer, not below the rank of a Secretary to the State Government; exercises the Commission's administrative and financial powers under the Chairperson's control (sections 21(3), 27)
HeadquartersAt a place the State Government notifies (21(4))
ReportsAnnual and special reports to the State Government, laid before the Legislature with an action-taken memorandum (section 28)

Functions (section 12, applied by section 29)

  • Inquire, on its own motion, on a petition or on a court's direction, into a violation of human rights or its abetment, or negligence in preventing it by a public servant.
  • Intervene, with the court's approval, in a court case involving an allegation of violation of human rights.
  • Visit jails and other institutions under the State Government where people are detained or lodged, to study the living conditions of inmates.
  • Review the safeguards under the Constitution and laws, and the factors, including terrorism, that inhibit human rights.
  • Undertake and promote research; spread human rights literacy.
  • Encourage the efforts of non-governmental organisations working in the field.

Chairpersons

First Chairperson: Justice Kanta Bhatnagar (23 March 2000 to 11 August 2000). Five-year term completed: Justice N.K. Jain (16 July 2005 to 15 July 2010); Justice S. Sageer Ahmed (2001-2004) and Justice Prakash Tatia (2016-2019) served shorter terms. Justice Gopal Krishna Vyas was Chairperson in 2023.

Remember: often mixed up

  • Memberssince the 2006 amendment, a Chairperson and two Members, not four.
  • Chief Justice of the High Court: not on the appointing committee; consulted only when a sitting judge is to be appointed.
  • Treatiessection 29 leaves out clause (f) of section 12, so the study of international human rights treaties is the National Commission's work, not the State Commission's.

Test yourself: asked in exams

CET Graduation Level 2022 · Q63

The Chairman of State Human Rights Commission is appointed by the Governor on the recommendation of a committee, who among the following is not part of that?

  1. (1)Chief Minister
  2. (2)Speaker of Legislative Assembly
  3. (3)Opposition Leader of Legislative Assembly
  4. (4)Chief Justice of High Court
Show answer

✓ (4) Chief Justice of High Court

See the full paper

CET Graduation Level 2024 · Q20

What is the tenure of the Chairperson and Members of the Rajasthan Human Rights Commission?

  1. (1)5 Years or upto 70 years of age whichever is earlier
  2. (2)3 Years or upto 70 years of age whichever is earlier
  3. (3)5 Years or upto 65 years of age whichever is earlier
  4. (4)3 Years or upto 65 years of age whichever is earlier
Show answer

✓ (2) 3 Years or upto 70 years of age whichever is earlier

See the full paper

CET Senior Secondary Level 2024 · Q40

Which is not a function of the State Human Rights Commission? (Choose the most appropriate option from below:)

  1. (1)To undertake and promote research in the field of Human Rights.
  2. (2)To discourage the efforts of Non-Governmental Organizations working in the field of Human Rights.
  3. (3)To visit jails and study the living condition of inmates.
  4. (4)To spread human rights literacy among the people.
Show answer

✓ (2) To discourage the efforts of Non-Governmental Organizations working in the field of Human Rights.

See the full paper

Protection Officer 2022 · Q23

In which chapter of the Protection of Human Rights Act, 1993, provisions related to the State Human Rights Commission have been made ?

  1. (1)Chapter-IV
  2. (2)Chapter-V
  3. (3)Chapter-VIII
  4. (4)Chapter-VII
Show answer

✓ (2) Chapter-V

See the full paper

Protection Officer 2022 · Q20

Read the following statements carefully in reference of Rajasthan State Human Rights Commission : Statement (I) : The State Human Rights Commission is an autonomous high power human rights watch body which derives its authority from the Protection of Human Rights Act, 1993. Statement (II) : Its autonomy lies in the method of appointment of its Chairperson and Members, their fixed tenure and the financial autonomy. Statement (III) : A distinguished jurist can be appointed as Chairperson. Select correct option among the following :

  1. (1)Statements (I) and (II) are true.
  2. (2)Statements (II) and (III) are true.
  3. (3)Statements (I) and (III) are true.
  4. (4)Statements (I), (II) and (III) are true.
Show answer

✓ (1) Statements (I) and (II) are true.

See the full paper

RAS Prelims 2024 · Q37

Among the following Chairpersons of Rajasthan State Human Rights Commission, who could complete a five year term ?

  1. (1)Justice Ms. Kanta Bhatnagar
  2. (2)Justice N.K. Jain
  3. (3)Justice S. Sageer Ahmed
  4. (4)Justice Prakash Tatia
Show answer

✓ (2) Justice N.K. Jain

See the full paper

RAS Prelims 2023 · Q38

Consider the following statements regarding Rajasthan State Human Rights Commission : (i) Commission has one chairperson and four members in accordance with the provisions of The Protection of Human Rights (Amendment) Act, 2006. (ii) At present, Justice Gopal Krishna Vyas is its chairperson.

  1. (1)Neither (i) nor (ii) is correct.
  2. (2)Both (i) and (ii) are correct.
  3. (3)Only (ii) is correct.
  4. (4)Only (i) is correct.
Show answer

✓ (3) Only (ii) is correct.

See the full paper

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