National Commissions MCQ Quiz - Objective Question with Answer for National Commissions - Download Free PDF

The correct answer is Statutory body.

Key Points

• The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993, making it a statutory body.
• NHRC's primary function is to protect and promote human rights, including rights related to life, liberty, equality, and dignity guaranteed under the Constitution and international covenants.
• It is an independent body with powers to inquire into complaints of human rights violations, intervene in court proceedings, and recommend measures for better protection of rights.
• The NHRC is not a constitutional body; it derives its authority from a statute passed by Parliament.
• It is empowered to review laws, policies, and administrative actions to ensure alignment with human rights principles.

Additional Information

• Statutory Body
  • A statutory body is created by an act of Parliament or state legislature and has defined powers and functions under the law.
  • Examples include the National Green Tribunal (NGT), Central Information Commission (CIC), and Securities and Exchange Board of India (SEBI).
• Constitutional Body
  • Constitutional bodies are explicitly established by the Constitution of India, such as the Election Commission of India or the Comptroller and Auditor General (CAG).
  • The NHRC is not a constitutional body since it was created by a statutory law and not the Constitution.
• Executive Body
  • Executive bodies operate under the direct control of the executive branch of the government and do not have statutory or constitutional status.
  • NHRC is not an executive body as it functions independently under the framework of the Protection of Human Rights Act, 1993.
• NHRC Powers and Limitations
  • NHRC can investigate complaints of human rights violations and recommend corrective measures but does not have the power to enforce its recommendations.
  • It can intervene in court cases related to human rights and review existing laws and policies to suggest amendments.

The correct answer is 'Section 9 of the relevant statute'

Key Points

• Functions of the National Commission for Minorities:
  • Section 9 of the National Commission for Minorities Act, 1992 specifies the functions of the Commission.
  • The primary functions include evaluating the progress of development of minorities, monitoring the safeguards provided under the Constitution and laws, and making recommendations for their effective implementation.
  • The Commission also looks into specific complaints regarding deprivation of rights and safeguards of minorities.
  • It conducts studies, research, and analysis to address issues faced by minority communities and advises on policies aimed at their welfare.

Additional Information

• Overview of Incorrect Options:
  • Section 3: This section typically deals with the establishment of the National Commission for Minorities and its composition, rather than its functions.
  • Section 5: This section often includes provisions regarding the tenure and terms of office of the members, not their functions.
  • Section 7: This section may cover procedures or powers of the Commission but does not define its functions.
• Importance of Section 9:
  • Section 9 is critical as it lays the foundation for the role and responsibilities of the Commission, ensuring that the rights and interests of minority communities are protected and promoted.
  • It serves as the operational guideline for the Commission's activities, aligning its work with the goals of social justice and equality.

The correct option is 'A-IV, B-I, C-II, D-III'.

Key Points

• National Commission for Backward Classes (NCBC) - 1993
  • The NCBC was established under the National Commission for Backward Classes Act, 1993.
  • It was initially set up in 1992 to address the issues of backward classes.
• National Commission for Women (NCW) - 1992
  • The NCW was established in January 1992 under the National Commission for Women Act, 1990.
  • It aims to represent the rights of women in India and to provide a voice for their issues and concerns.
• National Green Tribunal (NGT) - 2010
  • The NGT was established under the National Green Tribunal Act, 2010.
  • It was created to handle the expeditious disposal of the cases pertaining to environmental issues.
• National Commission for Scheduled Castes (NCSC) - 2004
  • The NCSC was formed in 2004 after the bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies.
  • It aims to monitor and safeguard the rights of Scheduled Castes in India.

Therefore the correct pairing is:

A - I: National Commission for Backward Classes (NCBC) - 1993

B - IV: National Commission for Women (NCW) - 1992

C - II: National Green Tribunal (NGT) - 2010

D - III: National Commission for Scheduled Castes (NCSC) - 2004

The correct answer is '5 years'

Key Points

• Term of the Chairperson of the National Human Rights Commission (NHRC) in India:
  • The Chairperson of the NHRC in India serves a term of 5 years or until the age of 70, whichever is earlier.
  • This term length is established to provide stability and continuity in the leadership of the Commission, ensuring it can effectively carry out its mandate.
  • The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, and its primary function is to protect and promote human rights in India.

Additional Information

• Other options explained:
  • 2 years: A term of 2 years would be too short for the Chairperson to implement long-term strategies and policies, reducing the effectiveness of the NHRC.
  • 3 years: While longer than 2 years, a 3-year term still might not provide sufficient time for comprehensive planning and execution of human rights initiatives.
  • 4 years: Although 4 years is a more reasonable term length, it still does not provide the same level of stability and continuity as a 5-year term.
• Role of the NHRC:
  • The NHRC investigates human rights violations, including those involving the government, and makes recommendations for redressal and policy reforms.
  • The Commission also conducts research, spreads awareness, and engages in advocacy to strengthen human rights protections in India.

The correct answer is Section 12

Key Points

• National Human Rights Commission (NHRC):
  • The NHRC is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Act, 1993.
  • The NHRC is responsible for the protection and promotion of human rights, defined as rights relating to life, liberty, equality, and dignity of individuals guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.
• Section 12:
  • Section 12 of the Protection of Human Rights Act, 1993, specifically outlines the functions of the NHRC.
  • The functions include inquiring into complaints of human rights violations, intervening in court proceedings, visiting jails and detention facilities, reviewing legal safeguards, and promoting research and awareness on human rights.

Additional Information

• Section 10:
  • Section 10 deals with the term of office and conditions of service of the Chairperson and members of the NHRC.
  • This section outlines the duration for which members can hold office and their service conditions, but does not address the functions of the NHRC.
• Section 11:
  • Section 11 pertains to the procedure for the resignation and removal of the Chairperson and members of the NHRC.
  • It does not detail the functions and duties of the NHRC.
• Section 13:
  • Section 13 covers the powers of the NHRC relating to inquiries, such as summoning witnesses and requiring the discovery and production of documents.
  • While it grants the NHRC certain powers, it does not specify the functions of the NHRC.

The correct answer is Statutory body.

Key Points

• The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993, making it a statutory body.
• NHRC's primary function is to protect and promote human rights, including rights related to life, liberty, equality, and dignity guaranteed under the Constitution and international covenants.
• It is an independent body with powers to inquire into complaints of human rights violations, intervene in court proceedings, and recommend measures for better protection of rights.
• The NHRC is not a constitutional body; it derives its authority from a statute passed by Parliament.
• It is empowered to review laws, policies, and administrative actions to ensure alignment with human rights principles.

Additional Information

• Statutory Body
  • A statutory body is created by an act of Parliament or state legislature and has defined powers and functions under the law.
  • Examples include the National Green Tribunal (NGT), Central Information Commission (CIC), and Securities and Exchange Board of India (SEBI).
• Constitutional Body
  • Constitutional bodies are explicitly established by the Constitution of India, such as the Election Commission of India or the Comptroller and Auditor General (CAG).
  • The NHRC is not a constitutional body since it was created by a statutory law and not the Constitution.
• Executive Body
  • Executive bodies operate under the direct control of the executive branch of the government and do not have statutory or constitutional status.
  • NHRC is not an executive body as it functions independently under the framework of the Protection of Human Rights Act, 1993.
• NHRC Powers and Limitations
  • NHRC can investigate complaints of human rights violations and recommend corrective measures but does not have the power to enforce its recommendations.
  • It can intervene in court cases related to human rights and review existing laws and policies to suggest amendments.

Key Points

Correct Answer Explanation:
A person who has been the Chief Justice of the Supreme Court or a Judge of the Supreme Court can be appointed as the Chairperson of the NHRC. This provision allows for a broad pool of experienced individuals from the highest judicial body in the country, ensuring that the chairperson has a profound understanding of legal and human rights issues.

The correct answer is Section 12

Key Points

• National Human Rights Commission (NHRC):
  • The NHRC is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Act, 1993.
  • The NHRC is responsible for the protection and promotion of human rights, defined as rights relating to life, liberty, equality, and dignity of individuals guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.
• Section 12:
  • Section 12 of the Protection of Human Rights Act, 1993, specifically outlines the functions of the NHRC.
  • The functions include inquiring into complaints of human rights violations, intervening in court proceedings, visiting jails and detention facilities, reviewing legal safeguards, and promoting research and awareness on human rights.

Additional Information

• Section 10:
  • Section 10 deals with the term of office and conditions of service of the Chairperson and members of the NHRC.
  • This section outlines the duration for which members can hold office and their service conditions, but does not address the functions of the NHRC.
• Section 11:
  • Section 11 pertains to the procedure for the resignation and removal of the Chairperson and members of the NHRC.
  • It does not detail the functions and duties of the NHRC.
• Section 13:
  • Section 13 covers the powers of the NHRC relating to inquiries, such as summoning witnesses and requiring the discovery and production of documents.
  • While it grants the NHRC certain powers, it does not specify the functions of the NHRC.

The correct option is ' Secretary General'.

Key Points

• The UN Commissioner for Human Rights is appointed by the Secretary-General of the United Nations.
• The Office of the High Commissioner for Human Rights (OHCHR) is the leading UN entity on human rights, tasked with promoting and protecting all human rights around the globe.
• The appointment is made with the approval of the General Assembly, highlighting the collaborative nature of UN appointments and the importance of consensus among member states.
• The High Commissioner plays a crucial role in coordinating human rights activities throughout the UN system and works closely with governments, civil society, and other partners to promote and protect human rights.
• This position is central to the United Nations' efforts to foster universal enjoyment of all human rights, to protect the most vulnerable, and to address violations of human rights, including pressing for accountability.

Additional Information

• The role of the UN Commissioner for Human Rights is vital in the international arena as it embodies the commitment of the international community to uphold human rights principles and standards.
• The High Commissioner for Human Rights also engages in dialogue with governments to improve the human rights situation in their countries and to support their efforts in fulfilling their human rights obligations.

The correct option is 3: Ministry of Home Affairs

The correct answer is '5 years'

Key Points

• Term of the Chairperson of the National Human Rights Commission (NHRC) in India:
  • The Chairperson of the NHRC in India serves a term of 5 years or until the age of 70, whichever is earlier.
  • This term length is established to provide stability and continuity in the leadership of the Commission, ensuring it can effectively carry out its mandate.
  • The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, and its primary function is to protect and promote human rights in India.

Additional Information

• Other options explained:
  • 2 years: A term of 2 years would be too short for the Chairperson to implement long-term strategies and policies, reducing the effectiveness of the NHRC.
  • 3 years: While longer than 2 years, a 3-year term still might not provide sufficient time for comprehensive planning and execution of human rights initiatives.
  • 4 years: Although 4 years is a more reasonable term length, it still does not provide the same level of stability and continuity as a 5-year term.
• Role of the NHRC:
  • The NHRC investigates human rights violations, including those involving the government, and makes recommendations for redressal and policy reforms.
  • The Commission also conducts research, spreads awareness, and engages in advocacy to strengthen human rights protections in India.

The correct answer is 'Governor'

Key Points

• Appointment of Chairperson and Members of State Human Rights Commission:
  • The Governor of the state appoints the chairperson and members of the State Human Rights Commission (SHRC).
  • The selection process involves a committee that includes the Chief Minister, the Speaker of the Legislative Assembly, the Minister in-charge of the Department of Home Affairs, and the Leader of the Opposition in the Legislative Assembly.
  • This ensures a balanced and fair selection process, reflecting the interests of both the ruling party and the opposition.

Additional Information

• Chief Justice of the High Court:
  • The Chief Justice of the High Court does not have the authority to appoint members of the SHRC. Their role is primarily judicial, not administrative or executive.
• President of India:
  • The President of India appoints members of the National Human Rights Commission (NHRC), not the State Human Rights Commission.
• Prime Minister:
  • The Prime Minister has no direct role in the appointment of members of the SHRC, as this responsibility lies with the state government.

To arrange the acts in chronological order of their enactment and to explain why option 4 is the correct choice, we need to look at each act individually:

Key Points

(A) Protection of Human Rights Act: This act was enacted in 1993. Its purpose is to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in states, and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. 

(B) National Commission for Women Act: Enacted in 1990, this act established the National Commission for Women, aimed at reviewing the constitutional and legal safeguards for women, recommending remedial legislative measures, facilitating redressal of grievances, and advising the government on all policy matters affecting women.

(C) 89th Constitutional Amendment Act: The 89th Constitutional Amendment of India, enacted in 2003, made changes related to the bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies. It aimed at providing a more focused approach on issues related to these communities.

(D) National Commission for Minorities Act: This act was put into effect in 1992. It set up the National Commission for Minorities to evaluate the progress of the development of minorities under the Union and States, monitor the working of the safeguards provided in the Constitution and in laws enacted by the Parliament and the State Legislatures.

With the years of enactment in mind, we can arrange these in chronological order:

National Commission for Women Act (1990)
National Commission for Minorities Act (1992)
Protection of Human Rights Act (1993)
89th Constitutional Amendment Act (2003)
This sequence is perfectly represented by option 4: (B), (D), (A), (C).

Here's a brief explanation of why option 4 is correct:

National Commission for Women Act (1990): This was the first among the presented acts to be established, aiming at the promotion and protection of women's rights.
National Commission for Minorities Act (1992): Followed closely by the commission for minorities, focusing on the interests of minority communities within India.
Protection of Human Rights Act (1993): This came next and broadened the scope to human rights in general, setting up commissions at both the national and state levels.
89th Constitutional Amendment Act (2003): Finally, the 89th Constitutional Amendment tailored the approach for addressing the issues and rights of Scheduled Castes and Scheduled Tribes by bifurcating the commission.
Therefore, option 4 correctly lists the chronological order of enactment for these key legislative acts and amendments, reflecting the Indian government's evolving approach to addressing the rights and concerns of various groups within the country.

Key Points

Option 4: "no power to issue/revoke certificates and has no power to decide upon the validity of caste certificates" is correct.

The National Commission for Scheduled Castes (NCSC) was established under Article 338 of the Constitution of India. Its primary role is to monitor all the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. The NCSC has a wide range of responsibilities, including inquiring into specific complaints regarding the deprivation of rights and safeguards of the Scheduled Castes, participating and advising on the planning process of socio-economic development of the Scheduled Castes, and evaluating the progress of their development under the Union and any State.

Under Article 338(5) of the Constitution of India, the duties of the NCSC include:

• to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
• to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes;
• to participate and advise on the planning process of socio-economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any State;
• to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
• to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes;
• and to discharge such other functions in relation to the protection, welfare, and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

None of these duties include the power to issue, revoke, or decide the validity of caste certificates. Caste certificates are typically issued by state government authorities designated for this purpose, such as the Revenue Department or other specific departments appointed by the state governments. The role of the NCSC is more focused on oversight, monitoring, investigation, and advisory functions concerning the rights and safeguards of Scheduled Castes rather than the administrative task of issuing caste certificates.

Key Points

The 102nd Amendment to the Constitution of India, which received presidential assent on August 11, 2018, dealt with important changes related to the status and authority of the National Commission for Backward Classes (NCBC). Prior to this amendment, the NCBC was established under the National Commission for Backward Classes Act, 1993, and it functioned as a statutory body responsible for examining requests for inclusion in and complaints of over-inclusion or under-inclusion in the list of backward classes. However, its recommendations were not binding on the government.

The 102nd Constitutional Amendment changed this by granting constitutional status to the NCBC, similar to the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST). This amendment led to the creation of a new Article 338B in the Constitution, which outlines the structure, duties, and powers of the NCBC. Additionally, it inserted Article 342A, which gave the President of India the authority to specify socially and educationally backward classes in various states and union territories. Furthermore, it amended Article 366(26C) to provide a definition of "socially and educationally backward classes".

The constitutional status given to the NCBC by the 102nd Amendment meant that the Commission now has more authority to safeguard the rights of socially and educationally backward classes, similar to the protections provided to SCs and STs. This includes the power to investigate complaints, monitor the implementation of safeguards provided to backward classes, and advise the central and state governments on matters related to the protection, welfare, and development of these communities.

In essence, the 102nd Amendment was a significant move towards enhancing the representation and rights of socially and educationally backward classes in India, making the NCBC an important constitutional body tasked with ensuring equity and social justice.