5.4. Removal

Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (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 National Human Rights Commission. Thus, he can remove the chairperson or a member under the following circumstances:

♤ If he is adjudged an insolvent;

♤ If he engages, during his term of office, in any paid employment outside the duties of his office;

♤ If he is unfit to continue in office by reason of infirmity of mind or body;

♤ If he is of unsound mind and stands so declared by a competent court:

♤ If he is convicted and sentenced to imprisonment for an offence.

In addition to these, the President can also remove the chairperson or a member on the ground of proved misbehaviour or incapacity. However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member.