Previous Year Question
Read the following and select the correct answer from the code given below:
Assertion (A): The National Human Rights Commission (NHRC) is to be headed by a person who has been a former Chief Justice of India.
Reason (R): The Chairperson of NHRC holds office for a term of 5 years or till he attains the age of 70 years, whichever is earlier.
Codes:
(A) is true, but (R) is false.
(A) is false, but (R) is true.
Both (A) and (R) are true.
Both (A) and (R) are false.
Correct Answer: C
Detailed Solution
Under the law applicable in 2015, Assertion (A) was correct. The then-existing Section 3(2)(a) of the Protection of Human Rights Act, 1993 required the NHRC Chairperson to be a person who had been the Chief Justice of India. The 2019 amendment later added eligibility for a former Judge of the Supreme Court as well.
Reason (R) was also correct in 2015. At that time, the NHRC Chairperson held office for five years or until attaining the age of 70 years, whichever was earlier. The 2019 amendment reduced this tenure from five years to three years.
Therefore, under the legal position prevailing when the question was asked in 2015, both (A) and (R) were true. The question does not require R to explain A; it only asks whether each statement is true or false.
Current Position
Both points have changed since the 2019 amendment. The NHRC Chairperson may now be a former Chief Justice of India or a Judge of the Supreme Court.
The present term is three years or until the age of 70 years, whichever is earlier, with eligibility for re-appointment.
Thus—
Position in UPPSC 2015:
Chairperson → Former CJI
Term → 5 years or age 70
After the 2019 amendment:
Chairperson → Former CJI or Supreme Court Judge
Term → 3 years or age 70