UPSC Prelims 2004 Q89: Indian Polity – Constitutional & Statutory Bodies
- (a) Any serving Judge of the Supreme Court
- (b) Any serving Judge of the High Court
- (c) Only a retired Chief Justice of India
- (d) Only a retired Chief Justice of a High Court
Answer: (c) Only a retired Chief Justice of India
Explanation
> Note for students: This question is time-dependent: under the 1993 Act as it was in 2004, only a retired Chief Justice of India could be Chairman. The 2019 amendment now also allows any retired Supreme Court judge.
Chairman of the National Human Rights Commission
| Option | Eligible under the 1993 Act (as in 2004)? |
|---|---|
| Only a retired Chief Justice of India | Yes — the original 1993 requirement |
| Serving Supreme Court Judge | No |
| Serving High Court Judge | No |
| Only a retired Chief Justice of a High Court | No |
Under the 1993 Act as it stood in 2004, the Chairman had to be a retired Chief Justice of India. (The 2019 amendment now also allows any retired Supreme Court judge.)
Answer: (c) Only a retired Chief Justice of India.
Why each option is right or wrong
- (a) Incorrect. A serving Judge cannot be Chairman.
- (b) Incorrect. A serving High Court Judge cannot be Chairman.
- (c) CORRECT. Under the 1993 Act only a retired CJI was eligible.
- (d) Incorrect. A retired High Court Chief Justice is eligible only as a member.
Key point
NHRC: Protection of Human Rights Act 1993; amended 2006 and 2019.
Remember
The NHRC Chairman had to be a retired Chief Justice of India (1993 Act).
Common mistakes
- Allowing a serving judge to be the Chairman.
- Ignoring that the rule has been amended.
- Mixing the NHRC Chairman with the Lokpal.
Exam tip
NHRC members: a High Court Chief Justice and a Supreme Court judge are eligible members.
Sources
- Protection of Human Rights Act, 1993
- Protection of Human Rights Act, 1993, Section 3 (constitution of the National Human Rights Commission)