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According to the National Human Rights Commission Act, 1993, who amongst the following can be its Chairman?
Explanation
Section 3 of the Protection of Human Rights Act and standard texts state that the NHRC Chairperson must be a senior Supreme Court jurist: traditionally a retired Chief Justice of India, and after the 2019 amendment, eligibility was widened to include persons who have been Judges of the Supreme Court as well [2]. The law therefore does not permit appointment of a serving Supreme Court or High Court judge, nor restrict the Chair solely to a retired High Court Chief Justice. Among the given choices, option 3 (Only a retired Chief Justice of India) best matches the original statutory requirement but is no longer exclusively correct after the 2019 amendment that added former Supreme Court judges to eligibility [3].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 57: National Human Rights Commission > COMPOSITION > p. 473
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 58: State Human Rights Commission > 2019 AMENDMENT ACT > p. 479
- [3] https://www.indiacode.nic.in/bitstream/123456789/20098/1/human_rights_act%2C_1993.pdf