National Human Rights Commission

National Human Rights Commission

• Established in 1993
• It is a statutory body
• Established per the Protection of Human Rights Act, 1993
• Watchdog of human rights in the country
• Rights relating to life, liberty, equality and dignity of the individual

Objectives

• To strengthen the institutional arrangements through which human rights issues get addressed in their entirety in a more focused manner.
• To look into allegations of excesses, independently of the government

Composition

• Consists of a chairperson and five members
• The Chairperson is a retired chief justice of India or a judge of the Supreme Court
• Members include:
  • Serving or retired judge of the Supreme Court
  • Serving or retired chief justice of a high court
  • 03 persons, with at least one woman, having knowledge or practical experience with respect to human rights
• 07 Ex-officio members also participate
  • Chairpersons of the National Commission for Minorities
  • National Commission for SCs
  • National Commission for STs
  • National Commission for Women
  • National Commission for BCs
  • National Commission for Protection of Child Rights
  • Chief Commissioner for Persons with Disabilities

Appointment

• Appointed by the president
• Recommendations of a six-member committee:
  • Prime minister as its head
  • Speaker of the Lok Sabha
  • Deputy Chairman of the Rajya Sabha
  • Leaders of the Opposition in both the Houses of Parliament
  • Central home minister
• A sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India

Tenure

• Hold office for a term of three years or until they attain the age of 70 years, whichever comes first
• Eligible for re-appointment
• After their tenure, the chairperson and members are not eligible for further employment under the Central or a state government

Removal

• The president can remove the chairperson or any member
  • If he is adjudged an insolvent
  • If he engages, during his term of office, in any paid employment outside the duties of his office
  • If he is unfit to continue in office by reason of infirmity of mind or body
  • If he is of unsound mind and stands declared so by a competent court
  • If he is convicted and sentenced to imprisonment for an offense
• The President can also remove a member on the ground of proved misbehavior or incapacity.
  • President has to refer the matter to the Supreme Court for an inquiry.
  • If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairperson or a member

Salary

• The salaries, allowances, and other conditions of service of the chairperson or a member are determined by the Central government
• Cannot be varied to his disadvantage after his appointment

Functions

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court
• To intervene in any proceeding involving allegation of violation of human rights pending before a court
• To visit jails and detention places to study the living conditions of inmates
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures

Working

• Vested with the power to regulate its own procedure
• Has all the powers of a civil court and its proceedings have a judicial character
• Has its own nucleus of investigating staff for investigation into complaints of human rights violations
• Empowered to utilize the services of any officer or investigation agency of the Central government or any state government for the purpose
• Established effective cooperation with the NGOs with first-hand information about human rights violations
• Not empowered to inquire into any matter after the expiry of one year of its occurrence
• May take any of the following steps during or upon the completion of an inquiry:
  • may recommend payment of compensation or damages to the victim
  • it may recommend initiation of proceedings for prosecution or any other action against the guilty public servant
  • it may recommend for the grant of immediate interim relief to the victim
  • it may approach the Supreme Court or the high court concerned for the necessary directions, orders, or writs
• It should be informed about the action taken on its recommendations within one month
• Limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces
• May seek a report from the Central government and make its recommendations
• The Central government should inform the Commission of the action taken on the recommendations within three months
• Submits its annual or special reports to the Central government and to the state government concerned
• These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations

Limitations

• The NHRC is predominantly an investigative and recommendatory entity, lacking direct prosecutorial authority
• The commission relies on governmental resources for manpower and funding
• It is restricted from intervening in cases of human rights abuses committed by private entities
• The NHRC lacks the authority to penalize authorities that fail to adhere to its proposed directives

State Human Rights Commission (SHRC)

• The Protection of Human Rights Act of 1993 makes provisions for the creation of it at the state level
• 26 states have constituted
• Can inquire into violation of human rights only in respect of the areas in the State List and the Concurrent List
• If any such case is already being inquired into by the NHRC or any other Statutory Commission, then the SHRC does not inquire into that case
• The central government may confer upon the SHRC the functions relating to human rights being discharged by the union territories, except the union territory of Delhi
• The functions relating to human rights in case of the union territory of Delhi are to be dealt with by the NHRC

Composition

• The commission consists of a chairperson and two members
• Chairperson is a retired Chief Justice or a Judge of a High Court
  • A serving or retired judge of a High Court or District Judge in the state with a minimum of seven years of experience as a District Judge
  • A person having knowledge or practical experience with respect to human rights

Appointment

• The chairperson and members are appointed by the Governor
• Appointed on the recommendations of a committee consisting of:
  • Chief minister as its head
  • Speaker of the Legislative Assembly,
  • The state home minister
  • Leader of the opposition in the Legislative Assembly
  • Chairman of the Council and the leader of the opposition in the Council, if Legislative Council exists
• A sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state

Tenure and Removal

• Members shall hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
• The members are eligible for re-appointment
• After their tenure is over they are not eligible for further employment under a state government or the Central government
• Can be removed only by the President
• On the same grounds and in the same manner as he can remove the chairperson or a member of the NHRC
• The salaries, allowances, and other conditions of service of the chairperson or a member are determined by the state government
• Cannot be varied to his disadvantage after his appointment

Working

• The Commission submits its annual or special reports to the state government
• These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations of the Commission and the reasons for non-acceptance of any of such recommendations

Central Information Commission

• Established in 2005
• Established by the Central Government under the provisions of the Right to Information Act (2005).
• High-powered independent body which inter alia looks into the complaints made to it and decide the appeals
• It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories

Composition

• Consists of the Chief Information Commissioner and not more than ten Information Commissioners
• Appointed by the President upon the recommendation of a committee consisting of:
  • The Prime Minister as Chairperson
  • The Leader of Opposition in the Lok Sabha
  • A Union Cabinet Minister nominated by the Prime Minister
  • People of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance
• Persons that meet these criteria also:
  • should not be a Member of Parliament or Member of the Legislature of any State or Union Territory
  • should not hold any other office of profit or be connected with any political party or carrying any business or pursuing any profession

Tenure

• Earlier, the members of CIC used to hold office for a term of five years or until they attained the age of sixty-five years, whichever was earlier
• Since the RTI Amendment Act, 2019, the Central government will notify the term of office for the CIC and the ICs (at both Central and state level)
• Are not eligible for reappointment

Removal

• The President can remove any member from office
  • If he is adjudged insolvent
  • If he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude
  • If he engages, during his term of office, in any paid employment outside the duties of his office
  • If he is (in the opinion of the President), unfit to continue in office by reason of infirmity of mind or body
  • If he has acquired such financial or other interest as is likely to affect prejudicially his official functions
• The President can also remove any member on the grounds of proved misbehavior or incapacity
  • President has to refer the matter to the Supreme Court for an enquiry
  • If, after the enquiry, Supreme Court upholds the cause of removal and advises so, the President can remove him
  • He is deemed to be guilty of misbehavior if:
    • He is concerned or interested in any contract or agreement made by the Central Government, or
    • He participates in any way in the profit of such contract or agreement or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company

Emoluments

• Earlier, the salary, allowances, and other service conditions of the Chief Information Commissioner were similar to those of the Chief Election Commissioner and that of the Information Commissioner were similar to those of an Election Commissioner
• Since the RTI Amendment Act, 2019 empowered the Central Government to determine the salaries, allowances, and other terms and conditions of service of the Central and state CIC and ICs
• They cannot be varied to their disadvantage during service

Powers and Functions

• Duty of the Commission to receive and inquire into a complaint from any person
• The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power)
• While inquiring, the Commission has the powers of a civil court
• All public records must be given to the Commission during inquiry for examination
• The Commission has the power to secure compliance of its decisions from the public authority
• The Commission submits an annual report to the Central Government on the implementation of the provisions of this Act
• The Central Government places this report before each House of Parliament
• When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps which ought to be taken for promoting such conformity

State Information Commission

• Under the Right to Information Act of 2005, provisions for State Information Commissions at the state level
• All the states have constituted the State Information Commissions
• High-powered independent body which interalia looks into the complaints made to it and decide the appeals
• It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the concerned state government

Composition

• The State Chief Information Commissioner and not more than ten State Information Commissioners
• Appointed by the Governor on the recommendation of a committee made up of:
  • Chief Minister as Chairperson
  • Leader of Opposition in the Legislative Assembly
  • State Cabinet Minister nominated by the Chief Minister
  • Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media, or administration and governance
• Should not be a Member of Parliament or Member of the Legislature of any State or Union Territory
• Should not hold any other office of profit or be connected with any political party or carrying on any business or pursuing any profession

Removal

• The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from office
• The Governor has to refer the matter to the Supreme Court for an inquiry