QUE : Explain the constitutional provisions regarding the composition, appointment, and removal of the Chairperson and Members of the National Human Rights Commission (NHRC). How does the NHRC ensure the protection of human rights in India?

ANSWER

1. Introduction

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993 (amended in 2019), in conformity with the Paris Principles (1991). It serves as the watchdog of human rights in India, defined under Section 2(d) as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in International Covenants.

2. Body

Composition (Section 3)

• Chairperson: A former Chief Justice of India or a former Judge of the Supreme Court.
• Members (5):

• One former Judge of the Supreme Court.
• One former Chief Justice of a High Court.
• Three members with knowledge/practical experience in human rights (at least one woman).
• Ex-officio Members: Chairpersons of NCSC, NCST, NCW, NCBC, NCPCR, and the Chief Commissioner for Persons with Disabilities.

Appointment (Section 4)

Appointed by the President of India on the recommendations of a High-Powered Committee comprising:

1. Prime Minister (Chairperson)
2. Speaker of Lok Sabha
3. Home Minister
4. Leader of Opposition in Lok Sabha
5. Leader of Opposition in Rajya Sabha
6. Deputy Chairman of Rajya Sabha

Removal (Section 5)

The President can remove the Chairperson/Members only on grounds of proved misbehavior or incapacity after an inquiry by the Supreme Court. They can also be removed for insolvency, engaging in paid employment, infirmity, or conviction involving moral turpitude.

Role in Protection of Human Rights (Section 12)

• Suo Motu Inquiry: Investigates complaints of human rights violations by public servants.
• Intervention: Intervenes in court proceedings involving human rights allegations.
• Review & Recommendations: Reviews constitutional/legal safeguards; recommends remedial measures.
• Research & Awareness: Promotes human rights literacy; encourages NGOs.
• Jail Visits: Inspects custodial conditions.

3. Conclusion

While the NHRC has significantly contributed to custodial justice and rights awareness (e.g., guidelines on encounter deaths), its recommendatory nature, lack of penal powers, and dependence on government for staff/funds limit efficacy. Strengthening its enforcement mechanism and ensuring timely implementation of recommendations is vital for realizing the constitutional vision of Article 21 (Right to Life with Dignity).