Human Right Commission should have more teeth..!

Context:

Madras High Court is to decides the recommendation given by such panels are binding states or not.

What is the case?

  • check whether recommendations are mandatory or not. (i.e.) Whether they are binding govt or, Does Govt have power to reject or take no action
  • what are the power of Human Right Commission under the Act (By Naturally have the power of civil courts).
  • Issue over the meaning of " recommend" → Section 18 empowers Human Right Commission to "recommend" to concerned govt.
  • opposite conclusion by different Benches.
    • word- "Recommend" means suggest or forward to
    • Same Act provides to take action within one month, without binding power how this could be Implemented.

Why ordinary meaning of recommend needs to be rejected?

The ordinary meaning and meaning within legal framework are different which has been provided by SC is various Judgments. eg: "consultation" in Appointment of Judges case.

4th Bench Institution:

  • Enacted: In 1993, Indian parliament enacted Human Rights Acts.
  • Purpose: Effectively protect, Promote and fulfill the FR guaranteed by Indian constitution

What is 4th bench Institution? 

In classical democracy usually powers in Democracy is shared among 3 organs:

  • Legislature
  • Executives
  • Judiciary

Why Such Institution?

complexity of governance and Administration in modern world

Types of Institution:

a) some bodies are constitutional (like election commission, finance commission, etc).

b) some bodies are created by laws (like Human Rights Commission, Information Commission etc).

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