National Human Rights Commission (NHRC)

National Human Rights Commission (NHRC) is India's apex watchdog for human rights — the rights to life, liberty, equality and dignity that are guaranteed by the Constitution or embodied in international human rights covenants and enforceable by Indian courts. It was set up in 1993 by an ordinary law passed by Parliament, not by a constitutional amendment, which makes it a statutory rather than a constitutional body.

Establishment and Legal Basis

The NHRC was established in 1993 under the Protection of Human Rights Act, 1993. Because it owes its existence to this legislation rather than to a provision of the Constitution, it is legally a statutory body — Parliament could, in principle, alter or abolish it by amending or repealing the Act, something that is not possible with a constitutional body such as the Election Commission or the CAG without a constitutional amendment.

The Act sets out three broad objectives behind creating the Commission:

• to strengthen the institutional machinery so that human rights concerns are addressed comprehensively and with focus;
• to look into allegations of excesses independently of the government, so as to reinforce the state's own claimed commitment to protecting human rights; and
• to complement and reinforce efforts already under way in the human rights field, rather than duplicate them.

Composition

The NHRC is a multi-member body appointed by the President. Its members are drawn from retired judges, serving or former government officers, and eminent citizens with a background in human rights work. Because appointees typically include former Chief Justices of India or Supreme Court judges, the Commission functions with a degree of independence from the executive, similar in spirit to the judiciary, even though it is not itself a court and cannot punish anyone found guilty of a violation — that remains the exclusive job of the courts.

The 2019 Amendment Act

The Protection of Human Rights (Amendment) Act, 2019 revised several structural features of both the NHRC and the State Human Rights Commissions (SHRCs):

Powers and Functions

The NHRC does not adjudicate cases the way a court does, and it cannot itself convict or punish anyone. Its role is investigative and recommendatory. It can:

• conduct an independent and credible inquiry into any complaint of a human rights violation;
• inquire into abetment of such a violation, or negligence by a public servant in preventing it;
• summon witnesses, question any government official, and demand production of official records, much like a civil court;
• visit any jail or other institution under state control to inspect living conditions of inmates; and
• send its own team to conduct an on-the-spot inquiry into an incident.

After an inquiry, the Commission places its findings and recommendations before the concerned government, or it may approach a court on behalf of victims to seek a remedy.

Approaching the Commission

Any citizen may write to the NHRC to complain about a human rights violation. There is no fee and no prescribed formal procedure — a complaint can be sent even on a postcard, addressed to the Commission's headquarters in New Delhi.

State Human Rights Commissions and Human Rights Courts

The 1993 Act also allows state governments to set up their own State Human Rights Commissions (SHRCs). Each SHRC is a three-member body: a chairperson, who must be a former Chief Justice or Judge of a High Court, and two members, one a serving or retired High Court judge or a District Judge with at least seven years' experience, and the other a person with knowledge or practical experience of human rights work.

The chairperson and members of a SHRC are appointed by the Governor, on the recommendation of a committee headed by the Chief Minister and including the Speaker of the Legislative Assembly, the state Home Minister, and the Leader of the Opposition in the Assembly (with the Chairman of the Legislative Council and the Leader of the Opposition in the Council added where the state has a Council). A sitting High Court or District Judge can be appointed only after consulting the Chief Justice of the concerned High Court. Although appointed by the Governor, a SHRC chairperson or member can be removed only by the President, on the same grounds and in the same manner as apply to the NHRC — for instance, if adjudged insolvent or found engaging in paid employment outside official duties during the term.

Separately, a state government may set up Human Rights Courts, but only with the concurrence of the Chief Justice of the High Court of that state. For each such court, the state government designates a public prosecutor, or appoints a practising advocate of at least seven years' standing as a special public prosecutor, to conduct cases.

Statutory Status: A Key Distinction

A recurring point of confusion is which rights-related bodies are constitutional and which are statutory. The NHRC belongs firmly to the latter category.

UPSC Relevance

Prelims

• The NHRC's statutory (not constitutional) status is a frequently tested distinction, often contrasted with Article 338 bodies such as the National Commission for Scheduled Castes.
• Key dates and numbers to remember: 1993 (establishment/Act), 2019 (Amendment Act), three members plus a chairperson, three-year term.
• The 2019 Amendment's eligibility widening (any SC/HC judge, not just a former CJI/Chief Justice) is a common fact-based question.

Mains

• Evaluate the effectiveness of the NHRC as a watchdog institution given that it can only recommend and not enforce its findings.
• Discuss the significance of expanding the composition and ex-officio membership of the NHRC through the 2019 Amendment Act for coordinated rights protection.
• Assess the relationship between the NHRC and State Human Rights Commissions, particularly regarding jurisdiction over Union Territories.

FAQ

Is the NHRC a constitutional body? No. The NHRC is a statutory body created under the Protection of Human Rights Act, 1993, not by a provision of the Constitution.

When was the NHRC established? It was established in 1993 under the Protection of Human Rights Act, 1993.

Can the NHRC punish a government official found guilty of a human rights violation? No. The NHRC can inquire, investigate, and recommend action or approach a court on a victim's behalf, but the power to punish rests with the courts.

How many members does the NHRC have after the 2019 Amendment? A chairperson and three members (increased from two), with at least one of the three members required to be a woman, along with certain ex-officio members added by the 2019 Amendment.

Who handles human rights functions for the Union Territory of Delhi? The NHRC itself, since the 2019 Amendment allows SHRCs to be given UT-related functions only for UTs other than Delhi.

Quick Revision

• NHRC: statutory body, established 1993, under the Protection of Human Rights Act, 1993.
• Watchdog for rights to life, liberty, equality, dignity under the Constitution and international covenants.
• Cannot punish; can inquire, summon, inspect, and recommend or move courts.
• 2019 Amendment: eligibility widened for Chairperson (any SC/HC judge), members increased 2 to 3 (one woman mandatory), new ex-officio members added, term cut from 5 to 3 years.
• SHRCs appointed by Governor but removable only by President; UT human rights functions may be given to SHRCs except for Delhi, which stays with NHRC.
• Human Rights Courts need the concerned High Court Chief Justice's concurrence to be set up.

Sources

• Protection of Human Rights Act, 1993 — legislative.gov.in
• Protection of Human Rights (Amendment) Act, 2019 — legislative.gov.in
• National Human Rights Commission — official website

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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