Non Constitutional Bodies: NHRC, CBI and CVC

Neither statement is correct. The NHRC is a statutory body created by the Protection of Human Rights Act, 1993; the Constitution does not mention it. Under section 4, its Chairperson and Members are appointed by the President by warrant under his hand and seal, on the recommendation of a committee of the Prime Minister (chair), the Speaker, the Union Home Minister, the Leaders of the Opposition in both Houses and the Deputy Chairman of the Rajya Sabha. The CJI is consulted only before a sitting judge is appointed.

Section 12 of the PHRA lists the NHRC's functions: it may visit jails and other institutions to study living conditions, review constitutional and legal safeguards, spread human rights literacy, inquire into complaints and intervene in court proceedings. It is not a criminal court: it cannot try or punish anyone. Under section 18 it can recommend compensation, prosecution or other action, or approach the Supreme Court or a High Court; a 2021 Madras High Court Full Bench even held such recommendations binding, but trial and punishment still belong to the courts.

Both statements are correct. Section 12(b) of the PHRA lets the Commission intervene in any proceeding involving an allegation of human rights violation pending before a court, with the approval of that court. Section 13 gives it, while inquiring into complaints, the powers of a civil court trying a suit under the Code of Civil Procedure, 1908: summoning and examining witnesses on oath, discovery and production of documents, receiving evidence on affidavits and requisitioning public records. These are investigative tools; they do not make it a court that decides the case.

Only statement 2 is correct. The Protection of Human Rights (Amendment) Act, 2019 cut the term of the Chairperson and members from five years to three years or until age seventy, whichever is earlier, and made the Chairperson eligible for reappointment. Statement 1 is wrong: the same amendment changed section 3(2)(a), so the Chairperson can now be a person who has been the Chief Justice of India or a Judge of the Supreme Court; before 2019 only a former Chief Justice of India could be appointed.

Two of the four are deemed members. Section 3(3) of the PHRA makes the chairpersons of the National Commission for Women and the National Commission for Minorities deemed members for the functions in section 12(b) to (j), along with the chairpersons of the National Commissions for Scheduled Castes, Scheduled Tribes, Backward Classes and Protection of Child Rights and the Chief Commissioner for Persons with Disabilities (the last three added in 2019). The CAG and the UPSC Chairman head constitutional bodies with no rights-protection role.

Under section 30 of the PHRA, for the speedy trial of offences arising out of human rights violations, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification specify a Court of Session in each district as a Human Rights Court; this does not apply where a special court already exists for such offences. Under section 31 the State Government also specifies or appoints a Special Public Prosecutor for each such court. The Union and the NHRC play no part in designation.

Neither statement is correct. Under section 22 of the PHRA, the Chairperson and Members of a State Human Rights Commission are appointed by the Governor, on the recommendation of a committee headed by the Chief Minister, though removal is by the President. For the armed forces, section 19 lays down a special procedure: the NHRC may, on its own or on a petition, only seek a report from the Central Government, and then either drop the complaint or make recommendations; the government must inform it of the action taken within three months.

After the 2019 amendment to the PHRA, section 21(2)(a) says the Chairperson of a State Human Rights Commission shall be a person who has been a Chief Justice or a Judge of a High Court; before 2019 only a former Chief Justice of a High Court was eligible. The Chairperson and Members are appointed by the Governor on the advice of a committee headed by the Chief Minister, but they can be removed only by the President. A Supreme Court background and a civil-servant chair are not the SHRC rule.