National Human Rights Commission (NHRC): Composition, Functions, Powers and Limitations (UPSC Notes + PYQs)

Background: human rights and the State

Human rights are the basic freedoms and protections every person has because they are human. In India they are protected through Fundamental Rights, Directive Principles and international treaties India has ratified. Courts enforce them, but courts act only when someone files a case and can take years. A national human rights institution fills this gap: it receives complaints cheaply, investigates, monitors prisons and police, and advises the government. The UN General Assembly endorsed the Paris Principles in 1993, which set standards such as a broad mandate, pluralist membership, independence from government and adequate funding. India passed the Protection of Human Rights Act, 1993 (first as an ordinance), creating the NHRC as a statutory body. The same Act provides for State Human Rights Commissions and human rights courts in districts.

Why it was set up

The NHRC was created in October 1993, in line with the UN’s Paris Principles for national human rights institutions, and partly in response to international criticism of custodial abuses during insurgencies.

Composition (after the 2019 amendment)

• Chairperson: a former Chief Justice of India or former Supreme Court judge.
• One former Supreme Court judge and one former High Court Chief Justice.
• Three members with knowledge of human rights, at least one a woman.
• Ex officio: chairpersons of national commissions for SCs, STs, Women, Minorities, Backward Classes, Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.
• Term: three years or 70 years of age, eligible for reappointment.

Appointment

The President appoints on the recommendation of a committee: the Prime Minister (chair), Lok Sabha Speaker, Union Home Minister, Leaders of Opposition in both Houses, and the Deputy Chairman of the Rajya Sabha.

Powers

• Inquiry on complaint or suo motu; powers of a civil court.
• Visit jails and detention centres.
• Intervene in court proceedings involving human rights.
• Recommend compensation, prosecution and interim relief.
• For armed forces, it can only seek a report from the Centre.

What ‘human rights’ means under the Act

Section 2(1)(d) of the 1993 Act defines human rights as rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. This definition matters: the Commission cannot take up any grievance, only those linked to these rights. Most complaints concern custodial deaths and torture, police inaction, bonded labour, encounter killings, and neglect in homes and hospitals. Its guidelines require every custodial death to be reported to it within 24 hours, and post-mortems in such cases to be video-recorded. It has also taken up wider issues such as manual scavenging, silicosis among workers, and mental health institutions.

State commissions and human rights courts

The 1993 Act lets every State set up a State Human Rights Commission, and most States have done so. Its chairperson is a former Chief Justice or judge of a High Court, appointed by the Governor on the advice of a committee headed by the Chief Minister, but only the President can remove members. A State commission can inquire only into subjects in the State and Concurrent Lists. The Act also provides for human rights courts in each district, designated by the State government with the concurrence of the High Court’s Chief Justice, for speedy trial of offences arising from human rights violations, with a special public prosecutor. In practice few such courts function as distinct courts. The 2019 amendment widened the pool for the chairperson to include former Supreme Court judges, added a woman member, brought more national commissions in as ex officio members, and cut the term from five to three years. It also allowed Union Territory human rights matters, other than Delhi, to be given to a State commission.

Limitations

Recommendations are not binding; one-year limit on complaints; limited power over the armed forces; dependence on government for investigative staff; large backlog. The Supreme Court has repeatedly called it a body with “no teeth” in practice.

Procedure: from complaint to recommendation

Anyone can complain, in any language, by post or online, and there is no fee. The Commission may also act on news reports. It can summon witnesses, demand records and use its own investigation team, or ask a State agency to investigate. It cannot inquire into a matter more than one year old, or one already before another commission. After inquiry it can recommend compensation, prosecution of officials, or other action, and may approach the Supreme Court or a High Court. The government must report within one month on action taken, and the Commission publishes its findings and the government’s response. Its annual report is laid before Parliament with a memorandum of action taken.

NHRC and the armed forces

Under Section 19, in complaints against the armed forces, the Commission can only seek a report from the Union government and then make recommendations. It cannot investigate on its own. Critics say this weakens it exactly where risks of abuse are high, in areas under the Armed Forces (Special Powers) Act. Supporters argue that the military has its own justice system and that operational secrecy must be protected. The Commission’s accreditation status before the Global Alliance of National Human Rights Institutions has been reviewed several times on questions of pluralism, independence and the role of police officers in investigations.

Assessment for Mains

• Strengths: low-cost access, suo motu action, guidelines on custodial deaths and encounters, focus on bonded labour and vulnerable groups.
• Weaknesses: recommendatory powers only, one-year limit, armed forces exclusion, reliance on deputed police for investigation, vacancies and backlog, and appointments dominated by retired judges and officials.
• Reform ideas: make recommendations binding unless the government gives written reasons, an independent investigation cadre, greater civil society membership, and stronger State commissions.

NHRC in Prelims: quick checks

Keep three points straight. The NHRC is statutory, not constitutional. Its chairperson and members are appointed by the President on the advice of a six-member committee headed by the Prime Minister. And its reports are recommendatory: the government must say what it did, but it is not bound to follow the advice. Questions also test the one-year limit and the special rule for the armed forces.

Nhrc: UPSC angle

Nhrc UPSC PYQs (Prelims)

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Mains PYQs on this topic

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