National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India is a premier statutory public body established to protect and promote human rights. It serves as the "watchdog of human rights" in the country, ensuring that the rights relating to life, liberty, equality, and dignity—guaranteed by the Constitution or embodied in international covenants—are upheld.

1. Establishment

• Founded: October 12, 1993.

• Statutory Basis: It was established under the Protection of Human Rights Act (PHRA), 1993.

• Headquarters: New Delhi (Manav Adhikar Bhawan).

• Paris Principles: The NHRC was created in accordance with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in 1991.

2. Composition of the Commission

Following the 2019 Amendment, the NHRC is a multi-member body consisting of:

A. Full-time Members:

1. Chairperson: A person who has been the Chief Justice of India or a Judge of the Supreme Court.

2. One Member: Who is, or has been, a Judge of the Supreme Court.

3. One Member: Who is, or has been, the Chief Justice of a High Court.

4. Three Members: Appointed from among persons having knowledge of, or practical experience in, human rights. At least one must be a woman.

B. Ex-officio Members (7 Total):

These are the chairpersons of the following national commissions:

1. National Commission for Scheduled Castes.

2. National Commission for Scheduled Tribes.

3. National Commission for Women.

4. National Commission for Minorities.

5. National Commission for Backward Classes.

6. National Commission for Protection of Child Rights.

7. Chief Commissioner for Persons with Disabilities.

C. Appointment Process:

The Chairperson and members are appointed by the President of India on the recommendation of a six-member high-level committee consisting of:

• The Prime Minister (Chairperson).

• The Speaker of the Lok Sabha.

• The Union Home Minister.

• The Deputy Chairman of the Rajya Sabha.

• The Leader of the Opposition in the Lok Sabha.

• The Leader of the Opposition in the Rajya Sabha.

3. Tenure, Salary, and Service Conditions

• Tenure: The Chairperson and members hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier (reduced from 5 years by the 2019 amendment). They are eligible for reappointment.

• Restriction on Employment: After retirement, the Chairperson and members are ineligible for further employment under the Government of India or the Government of any State.

• Salary and Allowances: These are determined by the Central Government. Importantly, these cannot be varied to their disadvantage after their appointment.

4. Removal Process

The Chairperson or any member can be removed by the President under the following circumstances:

1. If adjudged an insolvent.

2. If engaged in any paid employment outside the duties of the office.

3. If unfit to continue due to infirmity of mind or body.

4. If declared of unsound mind by a competent court.

5. If convicted and sentenced to imprisonment for an offense involving moral turpitude.

Removal for Misbehavior or Incapacity:

The President can also remove them on grounds of proved misbehavior or incapacity. However, in this case, the President must refer the matter to the Supreme Court for an inquiry. The President can only act if the Supreme Court, after the inquiry, recommends the removal.

5. Functions of the NHRC

The Commission’s mandate, as per Section 12 of the PHRA, includes:

• Inquiry: Investigating human rights violations or negligence by public servants, either suo motu (on its own motion) or on a petition.

• Intervention: Intervening in court proceedings involving human rights allegations with the court's approval.

• Inspection: Visiting jails and other detention centers to study living conditions and make recommendations.

• Review: Evaluating constitutional and legal safeguards for human rights and recommending measures for their effective implementation.

• Research & Awareness: Promoting research in human rights and spreading literacy through publications, media, and seminars.

• NGO Support: Encouraging the efforts of non-governmental organizations working in the human rights field.

6. Powers of the Commission

• Civil Court Powers: It has all the powers of a civil court while inquiring into complaints (summoning witnesses, receiving evidence on affidavits, requisitioning public records).

• Investigative Agency: It has its own investigation staff and can also utilize the services of any officer or investigation agency of the Central or State Governments.

• Recommendatory Nature: Its power is primarily advisory. It can recommend compensation for victims, prosecution of guilty officials, or grant of immediate interim relief.

• Annual Reports: It submits annual and special reports to the Central and State Governments, which are then laid before the respective legislatures.

7. Performance & Recent Interventions (2025–2026)

In recent years, the NHRC has expanded its scope to tackle modern challenges:

• Volume of Cases: In 2025, the NHRC registered over 76,000 cases, including 113 suo motu cognitions.

• Emerging Domains: It has held conferences on the human rights of gig workers, digital surveillance, and the implications of Artificial Intelligence (AI) on privacy.

• Environmental Rights: The Commission has taken a proactive stance on climate change, recently issuing advisories on heatwave protection for economically weaker sections.

• Prison Reforms: In October 2025, it held a national conference on the 'Human Rights of Prison Inmates,' emphasizing reformative justice and gender-sensitive practices.

• Spurious Medicines: In early 2026, the NHRC organized discussions to curb the menace of spurious medicines, linking it directly to the 'Right to Life and Health.'

8. Criticism and Challenges

Despite its prestige, the NHRC faces several structural and functional hurdles:

• "Toothless Tiger": A common criticism (notably by former AG Soli Sorabjee) is that its recommendations are not binding. The government can, and sometimes does, ignore its findings.

• One-Year Limitation: It cannot inquire into any matter after the expiry of one year from the date of the alleged violation, leaving many long-standing grievances unaddressed.

• Limited Power over Armed Forces: Its role in investigating human rights violations by members of the armed forces is heavily restricted; it can only seek a report from the Central Government.

• Lack of Independent Investigation Mechanism: It often depends on the police of the very state where the violation occurred to investigate the matter.

• Accreditation Issues: In 2024, its accreditation with the Global Alliance of National Human Rights Institutions (GANHRI) was deferred due to concerns over its pluralism and transparency.

9. Conclusion

The NHRC remains the moral compass of India's democratic framework. While it lacks "punitive" teeth, its moral authority and the power to name and shame erring authorities serve as a significant deterrent. To truly evolve, experts suggest making its recommendations mandatory and removing the one-year limitation on its jurisdiction.