Supreme Court of India · 2011-04-18
J.S.YADAV vs STATE OF U.P
- Citation / case number
- SC 2009/18468
- Court
- Supreme Court of India
- Petitioner
- J.S.YADAV
- Respondent
- STATE OF U.P
- Author
- B. S. CHAUHAN
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's writ petition challenging his removal from the U.P. State Human Rights Commission, citing Sections 21, 23, 25, and 26 of The Protection of Human Rights Act, 1993, as amended by The Protection of Human Rights (Amendment) Act, 2006. The Court established that the amendment did not have retrospective effect and could not curtail the tenure of members appointed before its enactment. However, the Court found that the appellant's appointment was validly terminated due to the filling of vacancies in the Commission, affirming the High Court's decision.