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NHRC and SHRC

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1. Statutory Basis and 2019 Amendment Key Changes

NHRC and SHRCs are Statutory Bodies (NOT constitutional) established under the Protection of Human Rights Act, 1993 (PHRA), amended in 2006 and 2019.

Key 2019 Amendment Changes:

  • Chairperson can now be a retired CJI OR a retired SC judge (earlier, ONLY retired CJI was eligible).
  • Term reduced from 5 years to 3 years (or until age 70, whichever is earlier).
  • Ex-officio members increased from 5 to 7 тАФ added Chairpersons of NCBC and CCPD.
  • Mandated that at least one member must be a woman.
  • Retired HC judges now also eligible as members.

2. Composition, Appointment, and Removal

NHRC Composition:

  • Chairperson тАФ Retired CJI or retired SC judge.
  • 5 Full-time Members тАФ At least 1 must be a woman; must have HC judge experience.
  • 7 Ex-officio Members тАФ Chairpersons of: NCSC, NCST, NCBC, NCW, NCM, NCPCR, CCPD.

6-Member Appointment Committee:

MemberRole
Prime MinisterChairperson
Speaker of Lok SabhaMember
Deputy Chairman of Rajya SabhaMember
Leader of Opposition in Lok SabhaMember
Leader of Opposition in Rajya SabhaMember
Union Home MinisterMember

Appointment: By the President on recommendation of above committee. Term: 3 years or until age 70. Eligible for reappointment. Removal: By the President (same grounds as SC judge).

SHRC:

  • Appointed by Governor on state committee recommendation (CM + state Home Minister + Speaker).
  • Removed ONLY by the President (not the Governor) тАФ critical UPSC fact.
  • Chairperson must be a retired Chief Justice of HC.

3. Powers, Functions, and Limitations

Powers (while investigating): Civil court powers тАФ summon witnesses, require documents, visit any government institution (jail, hospital).

Functions:

  1. Inquire (suo motu or on petition) into violations of human rights.
  2. Visit and inspect jails and detention centres.
  3. Study international treaties and make recommendations.
  4. Undertake research and spread human rights literacy.
  5. Recommend interim relief to victims.

What NHRC CANNOT Do тАФ Key Limitations:

  1. Cannot investigate complaints more than 1 year old.
  2. Cannot investigate armed forces complaints тАФ can only seek a report from the Central Government.
  3. Cannot punish violators тАФ recommendations are NOT binding.
  4. Cannot award compensation directly тАФ can only recommend government action.
  5. Cannot investigate if matter is already before a State Commission or a court.