Constitution of State Human Rights Commission
Under S. 21(1), is mandatory and does not depend upon discretion of State Government, despite use of word "may" in S. 21(1). Use of word "may" or "shall" cannot conclusively decide whether a provision is directory or mandatory.
It depends upon object and purpose of enactment and the context in which the expression is used.
Even if words "may" and "shall" occur at similar places/for a similar purpose in different provisions, it may not mean that the legislative intention is to make a distinction. [D.K. Basu v.State of W.B., (2015) 8 SCC 744]
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
