Polity · Non-Constitutional Bodies
The NHRC is a statutory watchdog body established in 1993 under the Protection of Human Rights Act. This chapter covers its composition, appointment process, functions, powers, limitations, and the key 2006 amendments — all critical areas for UPSC Prelims.
The National Human Rights Commission (NHRC) is a statutory body, not a constitutional one. It was created by an Act of Parliament — the Protection of Human Rights Act, 1993 — and came into force retrospectively from September 28, 1993 (the date of the original Presidential Ordinance). The Act was subsequently amended in 2006.
The NHRC functions as the country's primary institutional watchdog for human rights, defined as the rights to life, liberty, equality, and dignity guaranteed under the Constitution or embodied in international covenants enforceable by Indian courts. The relevant international covenants are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both adopted by the UN General Assembly on December 16, 1966. India acceded to these on April 10, 1979.
The NHRC is a multi-member body comprising:
Four additional ex-officio members sit on the commission:
Exam Note: The 2006 Amendment clarified that Chairpersons of the National Commission for SCs and STs are deemed members of the NHRC — explicitly recognizing this statutory linkage.
The Chairperson and members are appointed by the President on the recommendation of a six-member committee consisting of:
If a sitting Supreme Court judge or sitting High Court Chief Justice is to be appointed, prior consultation with the Chief Justice of India is mandatory.
The President can remove the Chairperson or a member under the following grounds:
For removal on grounds of proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for an inquiry. Removal can proceed only if the Supreme Court upholds the cause and advises accordingly.
The salaries and service conditions of the Chairperson and members are determined by the Central government but cannot be varied to their disadvantage after appointment — a key safeguard for independence.
The NHRC's mandate is broad:
The NHRC cannot inquire into any matter after one year from the date of the alleged violation. This is a significant procedural constraint. The A.M. Ahmadi Committee had recommended extending this limit where sufficient reason exists for the delay, but the statutory bar remains.
On completing or during an inquiry, the Commission may:
This is one of the most exam-critical aspects of the NHRC:
Exam Trap: 'Armed forces' under the Act means naval, military, and air forces and includes other armed forces of the Union. The Ahmadi Committee recommended restricting this definition to only the three service branches, excluding paramilitary forces — but this recommendation was not implemented.
Despite its advisory nature, the Commission wields significant moral and institutional authority. No government can afford to systematically disregard its recommendations without political consequences.
The NHRC submits annual and special reports to both the Central government and the relevant state government. These are tabled before the respective legislature along with a memorandum of action taken and reasons for non-acceptance of any recommendation.
The Commission has taken up a wide range of issues, including:
This amendment made several structural and procedural reforms:
| Area | Change |
|---|---|
| SHRC composition | Members reduced from 5 to 3 |
| SHRC eligibility | Appointment criteria modified |
| Investigative machinery | Strengthened for all Human Rights Commissions |
| Interim compensation | Commissions empowered to recommend compensation even during an ongoing enquiry |
| Jail visits | NHRC can visit jails without prior notice to state governments |
| Evidence recording | Procedure strengthened |
| Chairperson vs Member | Clarified that NHRC/SHRC Chairpersons are legally distinct from members |
| Complaint transfer | NHRC empowered to transfer complaints to the appropriate SHRC |
| Resignation | NHRC members resign to the President; SHRC members to the Governor |
| Selection Committee quorum | Absence of a member does not invalidate the committee's decisions |
| SC/ST Commission heads |
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This chapter covers Nature and Establishment, Composition, Appointment, Tenure and Post-Retirement Restrictions, Removal. It is organized as revision-ready notes followed by a linked practice quiz.
For State Accountability for Human Dignity: The NHRC and Its Role in Rights Protection, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the State Accountability for Human Dignity: The NHRC and Its Role in Rights Protection chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.
| Chairpersons of National Commission for SCs and STs deemed NHRC members |
| International covenants | Central government empowered to notify future UN covenants under the Act |