The National Human Rights Commission of India is formed under which Ar

The National Human Rights Commission of India is formed under which Article of the Constitution of India ?

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Article 21

Article 32

Article 356

Article 377

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The National Human Rights Commission (NHRC) of India is a *statutory* body, not a *constitutional* body. It was established under the Protection of Human Rights Act, 1993, enacted by the Parliament. Therefore, it is not formed under any specific Article of the Constitution. However, if forced to select an option from the provided choices which are all articles, Article 21 (Right to life and personal liberty) is the most relevant fundamental right that the NHRC is primarily concerned with protecting and promoting. While the question is flawed as NHRC is statutory, in some contexts, Article 21 is cited as the foundational principle necessitating such a body. Based on this potential, though incorrect, link often made, Article 21 (Option A) might be the intended answer despite the factual inaccuracy of the question premise.

The NHRC is a statutory body established by an Act of Parliament (Protection of Human Rights Act, 1993), not by the Constitution itself.

Other options like Article 32 provides the right to move the Supreme Court for the enforcement of fundamental rights, Article 356 deals with President’s Rule in states, and Article 377 relates to certain offences. None of these articles provide for the formation of the NHRC. Constitutional bodies like the National Commission for Scheduled Castes (Article 338) or Scheduled Tribes (Article 338A) are directly established by the Constitution, unlike the NHRC.

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