National Human Rights Commission (NHRC): Structure, Role, and Safeguarding Human Rights in India – Part 1

National Human Rights Commission (NHRC): Safeguarding Human Rights in India – (Part 01)

Human rights are the basic rights inherent to all human beings, regardless of their race, sex, nationality, ethnicity, language, religion, or any other status. They range from the most fundamental – the right to life – to those that make life worth living, such as the rights to food, education, work, health, liberty, and security. In a democratic nation like India, the protection and promotion of these rights are paramount. The Constitution of India, particularly Part III dealing with Fundamental Rights and Part IV on Directive Principles of State Policy, embodies many of these universal human rights. To act as a watchdog for these crucial rights, India established the National Human Rights Commission (NHRC). This first part of our detailed notes delves into the foundational aspects of the NHRC – its origin, structure, composition, appointment, and core functions.

1. Introduction: The Watchdog of Human Rights

The National Human Rights Commission (NHRC) of India is an independent statutory body established on October 12, 1993. Its creation was mandated by the Protection of Human Rights Act, 1993 (PHRA, 1993). The NHRC serves as the sentinel of human rights in the country, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India".

The establishment of the NHRC was a significant step taken by the Indian government to address human rights concerns effectively within the country and to align with international standards, particularly the Paris Principles. Adopted in 1991 and endorsed by the United Nations General Assembly in 1993, the Paris Principles set out criteria for national human rights institutions to be effective and independent.

As a statutory body, the NHRC derives its mandate and powers from an Act of Parliament, distinguishing it from constitutional bodies which are created directly by the Constitution of India. It functions as a quasi-judicial body with investigative powers, working towards the prevention of human rights violations and the promotion of human rights awareness and literacy.

2. Historical Background & Constitutional Context

While the NHRC was established in 1993, the protection of human rights has deeper roots in India. The Indian independence movement itself was fueled by the demand for basic human dignities and freedoms, many of which are now enshrined as Fundamental Rights in the Constitution (Part III). These rights, such as the right to equality (Articles 14-18), right to freedom (Articles 19-22), right against exploitation (Articles 23-24), right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30), and the right to constitutional remedies (Article 32), form the bedrock of human rights protection in India and are enforceable in courts.

Furthermore, the Directive Principles of State Policy (Part IV) reflect the state's commitment to promoting social and economic justice, which are also integral to the broader concept of human rights. India's ratification of various international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1979, further underscored the need for a dedicated national institution to oversee the implementation and protection of these rights domestically.

The global push following the adoption of the Paris Principles acted as the immediate catalyst for the enactment of the Protection of Human Rights Act, 1993, and the subsequent establishment of the NHRC.

3. Statutory Framework: The Protection of Human Rights Act, 1993

The NHRC owes its existence and powers entirely to the Protection of Human Rights Act, 1993. This Act is the foundational legal document that defines:

• The definition of "human rights".
• The constitution of the NHRC and State Human Rights Commissions (SHRCs).
• The composition, appointment, term, and removal of members.
• The powers and functions of the Commissions.
• The procedures for inquiry and investigation.
• Other related matters.

The Act has been amended over the years, notably in 2006 and 2019, to strengthen the Commission's functioning and address certain limitations. The 2019 amendment, in particular, brought significant changes to the composition and tenure of the Chairperson and members.

Key Provisions of the PHRA, 1993 (as amended):

• Section 2(1)(d): Defines "human rights" as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India.
• Section 3: Provides for the Constitution of the National Human Rights Commission.
• Section 4: Deals with the Appointment of the Chairperson and other Members.
• Section 5: Details the Resignation and Removal of the Chairperson and Members.
• Section 6: Specifies the Term of office of the Chairperson and Members.
• Section 12: Outlines the Functions of the Commission.
• Section 13: Grants powers relating to inquiries.
• Section 14: Empowers investigation.
• Section 15: Deals with the Statement made by persons to the Commission.
• Section 16: Provides for the protection of persons tendering evidence.

4. Composition of the Commission

The NHRC is a multi-member body consisting of a Chairperson and members. The composition has been revised by the Protection of Human Rights (Amendment) Act, 2019.

Current Composition (as per PHRA, 1993 as amended in 2019):

1. Chairperson: A person who has been a Chief Justice of the Supreme Court or a Judge of the Supreme Court. (Original Act only allowed former CJI).
2. Members (Full-time):
   • One member who is a Judge of the Supreme Court or a retired Judge of the Supreme Court.
   • One member who is the Chief Justice of a High Court or a retired Chief Justice of a High Court.
   • Three members to be appointed from amongst persons having knowledge of or practical experience in matters relating to human rights. (Original Act had two such members). At least one of these three members shall be a woman.
3. Ex-Officio Members (Deemed Members): The Chairpersons of the following National Commissions:
   • National Commission for Scheduled Castes (NCSC)
   • National Commission for Scheduled Tribes (NCST)
   • National Commission for Women (NCW)
   • National Commission for Minorities (NCM)
   • National Commission for Backward Classes (NCBC)
   • National Commission for Protection of Child Rights (NCPCR)
   • Chief Commissioner for Persons with Disabilities (CCPD) (The 2019 amendment added the Chairpersons of NCBC, NCPCR, and CCPD as ex-officio members).

This structure aims to bring diverse expertise and perspectives to the Commission, combining judicial experience with practical knowledge of human rights issues and representation from various vulnerable groups.

5. Appointment and Removal

Appointment

The Chairperson and members of the NHRC are appointed by the President of India. However, this appointment is not at the discretion of the President but is based on the recommendation of a high-powered committee. This committee is constituted to ensure a degree of independence and bipartisan consultation in the appointment process.

Composition of the High-Powered Selection Committee:

1. Prime Minister: Chairperson of the Committee.
2. Speaker of the Lok Sabha: Member.
3. Union Minister of Home Affairs: Member.
4. Leader of the Opposition in the Lok Sabha: Member.
5. Leader of the Opposition in the Rajya Sabha: Member.
6. Deputy Chairman of the Rajya Sabha: Member.

The Act also specifies that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court can be appointed as a member except after consultation with the Chief Justice of India.

Removal

The Chairperson or any member of the NHRC can be removed from office by an order of the President on specific grounds. The grounds for removal include:

• Proved misbehavior or incapacity.
• Being adjudged an insolvent.
• Engaging in paid employment outside the duties of their office during their term.
• Being unfit to continue in office due to infirmity of mind or body.
• Being of unsound mind and declared so by a competent court.
• Being convicted and sentenced to imprisonment for an offense.

For removal on the ground of proved misbehavior or incapacity, the President is required to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, confirms the finding of misbehavior or incapacity and advises the removal, the President can then issue the order for removal. This procedure is similar to the removal process for a Judge of the Supreme Court, lending a degree of security of tenure to the NHRC members.

6. Term of Office

The term of office for the Chairperson and members has also been revised by the 2019 Amendment Act.

Term of Office (as per PHRA, 1993 as amended in 2019):

• The Chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. (Original Act specified a term of five years).
• The Chairperson and members are eligible for re-appointment. (The 2019 amendment removed the five-year limit on reappointment present in the original Act).
• Upon ceasing to hold office, the Chairperson and full-time members are not eligible for further employment under the Central or any State Government.

The reduction in tenure from five to three years through the 2019 amendment was a notable change. While potentially allowing for fresh perspectives more frequently, it also raised concerns among some about potentially impacting the continuity and independence of the Commission.

7. Structure and Secretariat

The NHRC is headquartered in New Delhi and has a dedicated secretariat to assist it in its functions. The secretariat is headed by the Secretary-General, who is the chief executive officer of the Commission. The Secretary-General exercises such powers and discharges such duties of the Commission as may be delegated to him/her. The 2019 amendment clarified that the Secretary-General is empowered to exercise all administrative and financial powers (except judicial functions), subject to the control of the Chairperson.

The secretariat is organized into various divisions to handle the diverse responsibilities of the NHRC. These typically include:

• Law Division: Deals with legal matters, including scrutinizing complaints, conducting legal research, and assisting in inquiries.
• Investigation Division: Led by an officer not below the rank of a Director General of Police, this division is responsible for investigating complaints of human rights violations. The Commission can also utilize the services of any officer or investigation agency of the Central or State Government.
• Policy & Research Division: Undertakes research in human rights, reviews policies and laws, and promotes human rights literacy.
• Training Division: Organizes training programs for government officials, police personnel, and other stakeholders on human rights issues.
• Administration Division: Handles administrative, personnel, and financial matters of the Commission.

Conceptual Visual: Structure of NHRC

Here is a simplified organogram illustrating the structure of the NHRC:

graph TD
    A[National Human Rights Commission (NHRC)] --> B(Chairperson);
    A --> C(Full-time Members);
    A --> D(Ex-Officio Members);
    A --> E(Secretariat);
    E --> F(Secretary-General);
    F --> G(Law Division);
    F --> H(Investigation Division);
    F --> I(Policy & Research Division);
    F --> J(Training Division);
    F --> K(Administration Division);

    B -- Heads --> A;
    C -- Assist --> A;
    D -- Deemed Members --> A;
    F -- Chief Executive --> E;
    G -- Supports --> E;
    H -- Investigates --> E;
    I -- Research/Policy --> E;
    J -- Training --> E;
    K -- Administration --> E;

Explanation of the Organogram:

This diagram visually represents the hierarchical and functional structure of the NHRC. At the apex is the Commission itself, comprising the Chairperson, full-time Members, and ex-officio Members. The Secretariat, headed by the Secretary-General, provides the administrative, investigative, legal, and research support necessary for the Commission to perform its duties. The arrows indicate reporting lines or functional support relationships.

8. Powers and Functions

The powers and functions of the NHRC are extensively detailed in Section 12 of the Protection of Human Rights Act, 1993. These functions are broad and aim to empower the Commission to effectively monitor and address human rights issues. The NHRC has significant powers related to inquiry and investigation, akin to a civil court.

Key Powers and Functions of the NHRC:

• Inquiry into Complaints: Inquire, suo motu (on its own motion) or on a petition presented by a victim or someone on their behalf, into complaints of:
  • Violation of human rights or abetment thereof.
  • Negligence in the prevention of such violation by a public servant. The Commission can also inquire based on a direction or order of any court.
• Intervention in Court Proceedings: Intervene in any proceeding involving any allegation of violation of human rights pending before a court, with the approval of such court.
• Visiting Jails and Detention Places: Visit, under the intimation to the State Government, any jail or other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation, or protection, for the study of the living conditions of the inmates and make recommendations thereon to the Government.
• Reviewing Safeguards: Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
• Studying Treaties and International Instruments: Study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• Undertaking and Promoting Research: Undertake and promote research in the field of human rights.
• Spreading Human Rights Literacy: Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars, and other available means.
• Encouraging NGOs: Encourage the efforts of non-governmental organizations and institutions working in the field of human rights.
• Recommendations to Government: Recommend suitable steps that can prevent violation of human rights to both Central as well as State Governments.
• Annual and Special Reports: Submit annual and special reports to the Central Government and State Governments on the working of the Commission. These reports are laid before the respective Legislatures.

Powers of a Civil Court:

For the purpose of conducting inquiries into complaints, the NHRC is vested with all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908. These powers include:

• Summoning and enforcing the attendance of witnesses and examining them on oath.
• Discovery and production of any document.
• Receiving evidence on affidavits.
• Requisitioning any public record or copy thereof from any court or office.
• Issuing commissions for the examination of witnesses or documents.
• Any other matter which may be prescribed.

While the NHRC has extensive investigative powers, it's important to note that its recommendations are not binding on the government. The government is required to inform the Commission of the action taken on its recommendations within one month (or within an extended time allowed by the Commission), but it is not legally obligated to implement them. This advisory nature of its recommendations is often cited as a major limitation of the NHRC.

Another limitation is that the NHRC does not consider cases that are older than one year from the date on which the act constituting the violation of human rights is alleged to have been committed. This time constraint can prevent the redressal of older grievances.

The NHRC's jurisdiction regarding human rights violations by armed forces is also limited. It can only seek a report from the Central Government and make recommendations based on that report; it does not have the power to conduct its own independent investigation in such cases.

9. NHRC vs. State Human Rights Commission (SHRC)

The Protection of Human Rights Act, 1993 also provides for the constitution of State Human Rights Commissions (SHRCs) at the state level. While both NHRC and SHRCs are statutory bodies established under the same Act and have similar objectives, there are key differences in their jurisdiction, composition, and appointment/removal processes.

Comparison Table: NHRC vs. SHRC

Explanation of the Comparison Table:

This table highlights the parallel structures at the national and state levels for human rights protection under the PHRA, 1993. It clearly shows the differences in composition (especially the type of judicial background required for the chairperson and the number/type of members), the appointing authority (President vs. Governor), and crucially, the removal authority (both removed by the President, adding a layer of central oversight for SHRCs). The jurisdiction difference reflects the federal structure of India, dividing responsibilities based on the subjects listed in the Seventh Schedule.

10. Interactive Q&A / Practice Exercises

Let's test your understanding of the concepts discussed in Part 01 of the NHRC notes.

Exercise 1: Multiple Choice Questions (MCQs)

1. The National Human Rights Commission (NHRC) is a: a) Constitutional body b) Statutory body c) Executive body d) None of the above

2. The National Human Rights Commission was established under which Act? a) Indian Penal Code, 1860 b) Protection of Human Rights Act, 1993 c) Human Rights Protection Act, 1986 d) Constitution of India

3. As per the Protection of Human Rights Act, 1993 (as amended in 2019), who among the following is eligible to be appointed as the Chairperson of the NHRC? a) A retired Chief Justice of India only. b) A retired Judge of the Supreme Court only. c) A person who has been a Chief Justice or a Judge of the Supreme Court. d) A person who has been the Chief Justice of a High Court.

4. The Chairperson and members of the NHRC are appointed by the President of India on the recommendation of a committee. Which of the following is NOT a member of this committee? a) Prime Minister b) Speaker of the Lok Sabha c) Union Minister of Law and Justice d) Leader of the Opposition in the Rajya Sabha

5. What is the term of office for the Chairperson and members of the NHRC as per the 2019 amendment? a) 5 years or until 65 years of age b) 3 years or until 70 years of age c) 5 years or until 70 years of age d) 3 years or until 65 years of age

6. For removal on the ground of proved misbehavior or incapacity, the President of India refers the matter concerning the NHRC Chairperson or a member to which authority? a) High Court b) Parliament c) Supreme Court d) Union Home Minister

7. Which of the following is not an ex-officio member of the NHRC (as per the 2019 amendment)? a) Chairperson of the National Commission for Women b) Chairperson of the National Green Tribunal c) Chairperson of the National Commission for Scheduled Castes d) Chief Commissioner for Persons with Disabilities

Exercise 2: Scenario-Based Question

Imagine a situation where a State Government official is alleged to have been directly involved in the violation of a person's right to liberty. A complaint is filed with the National Human Rights Commission within six months of the incident.

• Can the NHRC inquire into this complaint? Justify your answer with reference to the PHRA, 1993.
• If the alleged violation occurred two years before the complaint was filed, would the NHRC still be able to inquire? Explain why or why not.

Exercise 3: Match the Following

Match the following provisions of the Protection of Human Rights Act, 1993, with their corresponding subject matter:

Answer Key and Explanations

Exercise 1: MCQs

1. b) Statutory body - The NHRC is created by an Act of Parliament (PHRA, 1993), not directly by the Constitution.
2. b) Protection of Human Rights Act, 1993 - This is the specific Act that established the NHRC and governs its functioning.
3. c) A person who has been a Chief Justice or a Judge of the Supreme Court. - The 2019 amendment expanded the eligibility criteria for the Chairperson.
4. c) Union Minister of Law and Justice - The committee includes the Prime Minister, Speaker of Lok Sabha, Union Home Minister, Leaders of Opposition in both Houses, and Deputy Chairman of Rajya Sabha. The Law Minister is not a member of this specific selection committee.
5. b) 3 years or until 70 years of age - This is the revised tenure as per the 2019 amendment.
6. c) Supreme Court - The President must refer the matter of removal on grounds of proved misbehavior or incapacity to the Supreme Court for inquiry.
7. b) Chairperson of the National Green Tribunal - The National Green Tribunal is a statutory body, but its Chairperson is not listed as an ex-officio member of the NHRC under the PHRA, 1993 (as amended). The other options are chairpersons of commissions who are ex-officio members.

Exercise 2: Scenario-Based Question

• Can the NHRC inquire? Yes, the NHRC can inquire into this complaint. The PHRA, 1993, specifically empowers the NHRC to inquire into complaints of violation of human rights or negligence in the prevention of such violation by a public servant. The State Government official falls under the category of a public servant. The complaint was filed within six months, which is well within the one-year time limit for entertaining complaints.
• If the violation occurred two years prior? No, the NHRC would generally not be able to inquire into this complaint. The Act stipulates that the Commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed. Since the incident occurred two years ago, it falls outside the one-year limit for filing complaints.

Exercise 3: Match the Following

• Section 3 : Constitution of NHRC
• Section 12 : Functions of the Commission
• Section 2(1)(d) : Definition of "Human Rights"
• Section 4 : Appointment of Chairperson and Members

11. Conclusion (Part 01)

The National Human Rights Commission stands as a crucial institution in India's democratic framework, tasked with the vital responsibility of protecting and promoting human rights. Established under the Protection of Human Rights Act, 1993, it serves as a statutory watchdog, endowed with significant powers to inquire, investigate, visit institutions, review laws, and promote human rights literacy. While its composition, appointment process, and tenure have evolved with amendments like the 2019 Act, its core mandate remains the same: to ensure that the rights relating to life, liberty, equality, and dignity, guaranteed by the Constitution and international covenants, are upheld and respected by the state and its functionaries.

However, as noted, the advisory nature of its recommendations and the one-year limitation period for complaints are often highlighted as challenges impacting its overall effectiveness, which will be further explored in subsequent parts of these notes. Understanding the foundational structure, powers, and legal basis of the NHRC is the first step in appreciating its role and the complexities it navigates in safeguarding human rights in a vast and diverse country like India.

Recommended Books

You can explore these highly recommended resources for a deeper understanding.

• Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
• Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
• Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE