The National Human Rights Commission established under the Protection of Human Rights Act, 1993 is a __________. 

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  1. Constitutional body
  2. Statutory body
  3. Executive body
  4. None of the Above

Answer (Detailed Solution Below)

Option 2 : Statutory body
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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.
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