Constitution of National Human Rights Commission

In India, the National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act (PHRA), 1993. . Its constitution is designed to ensure a "pluralistic" representation of the judiciary and civil society to maintain independence.

According to Section 3 of the Act (as amended in 2019), the Commission consists of a Chairperson and several members.

1. Composition of the Commission

• The Chairperson: Must be a person who has been a Chief Justice of India or a Judge of the Supreme Court.

• Five Full-time Members:

  • One Member who is, or has been, a Judge of the Supreme Court.

  • One Member who is, or has been, the Chief Justice of a High Court.

  • Three Members (at least one of whom must be a woman) to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.

• Deemed Members (Ex-officio): These are chairpersons of other national commissions who serve as members of the NHRC to ensure specialized representation:

  1. National Commission for Scheduled Castes.

  2. National Commission for Scheduled Tribes.

  3. National Commission for Women.

  4. National Commission for Minorities.

  5. National Commission for Backward Classes.

  6. National Commission for Protection of Child Rights.

  7. Chief Commissioner for Persons with Disabilities.

2. The Appointment Process

The Chairperson and members are appointed by the President of India. . as recommended by a high-level Selection Committee consisting of:

1. The Prime Minister (Chairperson of the committee).

2. Speaker of the Lok Sabha.

3. Union Home Minister.

4. Leader of the Opposition in the Lok Sabha.

5. Leader of the Opposition in the Rajya Sabha.

6. Deputy Chairman of the Rajya Sabha.

3. Term of Office and Removal

To maintain the independence of the NHRC, the Act provides specific protections regarding their tenure:

• Term: The Chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. They are eligible for re-appointment.

• Restrictions: After leaving office, the Chairperson or members are ineligible for further employment under the Government of India or any State Government.

• Removal: They can only be removed by the President on the grounds of proved misbehaviour or incapacity, following an inquiry by the Supreme Court of India.