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The Kerala government will hold Governor Arif Mohammed Khan responsible for “keeping the judiciary and the former Chief Justice S. Manikumar under a cloud of suspicion” as he sat on a proposal to appoint the judge as the chairperson of the Kerala State Human Rights Commission (SHRC)
The State government will bring the issue before the Supreme court when its case seeking to issue directives to the Governor to clear the Bills passed by the Assembly will be taken up
The Protection of Human Rights Act of 1993 provides for the creation of the National Human Rights Commission and a State Human Rights Commission at the state level.
SHRC is a statutory body.
A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
However, if any such case is already being inquired into by NHRC or any other Statutory Commission, then the State Human Rights Commission does not inquire into that case.
It’s a body consisting of a chairperson and two members (1+2)
Appointment: The chairman and the members of the State Commission are appointed by the Governor in consultation with the Chief Minister, State Home Minister, Speaker of Legislative Assembly and Leader of the Opposition in the State Legislative Assembly.
The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever comes first.
Chairperson Should be a retired Chief Justice of a HIGH COURT
Members Should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years’ experience as District Judge and a person having knowledge or practical experience with respect to human rights.
In the case of a state having a Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.
Although the chairperson and members of a SHRC are appointed by the Governor, they can be removed only by the PRESIDENT OF INDIA (and not by the governor).
The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the NHRC
The President may by order remove from office of the Chairperson or any member if the Chairperson or such member as the case may be,
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent Court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
On the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed
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