Section 21 — Constitution of State Human Rights Commissions.

21.  Constitution of State Human Rights Commission.—(1) A State Government may constitute a 

body to be known as  the..................(name  of  the State) Human Rights Commission to exercise  the  

powers conferred  upon,  and to perform the functions assigned  to,  a  State Commission under this 

Chapter. 

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[(2) The State Commission shall, with effect from such date as the State Government may by 

notification specify, consist of— 

(a) a Chairperson who has been a Chief Justice of a High Court; 

(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a 

minimum of seven years experience as District Judge; 

(c) one Member to be appointed from among persons having knowledge of or practical 

experience in matters relating to human rights.] 

(3)  There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and 

shall exercise such powers and discharge such functions of the State Commission as it may delegate to 

him. 

(4)  The headquarters of the State Commission shall be at such place as the State Government may, 

by notification, specify. 

(5)  A  State  Commission  may inquire into  violation  of  human rights only in respect  of  matters 

relatable to any  of  the  entries enumerated in List II   and  List III in the Seventh Schedule to  the 

Constitution: 

Provided  that if any such matter is already being inquired  into by  the Commission or any other 

Commission duly constituted under  any law  for  the  time being in force, the  State  Commission  shall  

not inquire into the said matter: 

Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this                 

sub-section shall have effect as if for the words and figures “List II and List III in the Seventh Schedule to 

the Constitution”, the words and figures “List III in the Seventh Schedule to  the Constitution as 

applicable to the State of Jammu  and  Kashmir and in respect of matters in relation to which the 

Legislature of that State has power to make laws” had been substituted. 

                                                           
1. Subs. by Act 43 of 2006, s. 12, for sub-section (2) (w.e.f. 23-11-2006). 

http://indiankanoon.org/doc/721379/
http://indiankanoon.org/doc/1001808/
http://indiankanoon.org/doc/612234/


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[(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State 

Commission, appoint such Chairperson or, as the case may be, such Member of another State 

Commission simultaneously if such Chairperson or Member consents to such appointment: 

Provided that every appointment made under this sub-section shall be made after obtaining the 

recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for 

which a common Chairperson or Member, or both, as the case may be, is to be appointed.]