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National Human Rights Commission

Legal Mandate & Objectives

• Legal Status: Established in 1993 as a statutory body (not a constitutional body).

• Enacting Legislation: Created under the Protection of Human Rights Act (PHRA),
1993.

• Core Role: Functions as the national watchdog of human rights—safeguarding the

rights to life, liberty, equality, and dignity guaranteed by the Constitution, embodied
in international covenants, and enforceable by Indian courts.

• Primary Objectives:

o To build and sharpen structural arrangements so human rights issues can be

addressed with deep focus.

o To investigate allegations of administrative excesses independently of the

government, demonstrating state accountability toward human rights
protection.

o To complement, assist, and scale existing human rights initiatives nationwide.

Multi-Tier Structural Composition

The NHRC comprises full-time members alongside broad institutional representations:

Full-Time Members

• The Chairperson: Must be a retired Chief Justice of India OR a retired Judge of

the Supreme Court (Note: The eligibility was expanded to include retired Supreme
Court Judges under the 2019 Amendments).

• Judicial Members:

o One member who is or has been a Judge of the Supreme Court.

o One member who is or has been the Chief Justice of a High Court.

• Expert Members: Three persons possessing practical experience or deep knowledge

of human rights. At least one of these three members must be a woman (Amended
from two members to three under the 2019 baseline).

Deemed Ex-Officio Members

The institutional bench automatically integrates seven ex-officio heads of national welfare
bodies to ensure intersectional coverage:
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1. The Chairperson, National Commission for Minorities

2. The Chairperson, National Commission for Scheduled Castes (SCs)

3. The Chairperson, National Commission for Scheduled Tribes (STs)

4. The Chairperson, National Commission for Women

5. The Chairperson, National Commission for Backward Classes (BCs) (Added via 2019
Amendment)

6. The Chairperson, National Commission for Protection of Child Rights (Added via 2019
Amendment)

7. The Chief Commissioner for Persons with Disabilities (Added via 2019 Amendment)

The Appointment Machinery

• Appointing Authority: Formally appointed by the President of India under his warrant
and seal.

• The 6-Member Selection Committee: The President acts on the binding

recommendations of a high-powered panel consisting of:

1. The Prime Minister (Chairperson of the Committee)

2. The Speaker of the Lok Sabha

3. The Deputy Chairman of the Rajya Sabha (Note: The Chairman/Vice-

President is NOT a member)

4. The Leader of the Opposition (LoP) in the Lok Sabha

5. The Leader of the Opposition (LoP) in the Rajya Sabha

6. The Central Home Minister

• Judicial Consultation Proviso: A serving Judge of the Supreme Court or a serving

Chief Justice of a High Court can be appointed only after formal consultation with the
Chief Justice of India (CJI).

Tenure, Service Conditions & Restrictions

• Fixed Tenure: Held office for a term of 3 years or until attaining 70 years of age,
whichever occurs earlier (Reduced from a 5-year term to a 3-year term by the 2019
Amendment).

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• Re-appointment Clause: Members and the Chairperson are fully eligible for re-
appointment for subsequent terms subject to the 70-year age cap.

• Post-Employment Employment Bar: Upon leaving office, the Chairperson and Members
are strictly ineligible for further employment under either the Central Government
or any State Government, ensuring freedom from executive inducement.

• Salary and Service Parameters: Determined entirely by the Central Government and
cannot be altered or varied to their structural disadvantage after appointment.

Removal Mechanism

The President of India can remove the Chairperson or any member from office directly
under five specific circumstances if the individual:

• Is adjudged an insolvent (bankrupt).

• Engages in any paid employment outside official duties during their ongoing tenure.

• Is deemed unfit to continue in office by reason of infirmity of mind or body in the

opinion of the President.

• Is declared to be of unsound mind by a competent court of law.

• Is convicted and sentenced to a prison term for a criminal offense.

Removal on Grounds of Misbehaviour or Incapacity

• The Supreme Court Reference: For removals based on proved misbehaviour or

incapacity, the President cannot pass a direct order.

• The Enquiry Rule: The President must mandatory refer the charges to the Supreme
Court of India for an independent judicial investigation.

• Final Execution: If the Supreme Court conducts the enquiry, confirms the charges,
and advises removal, the President then issues the formal executive removal order.

Statutory Functions of the NHRC

The Protection of Human Rights Act, 1993, entrusts the Commission with a wide array of
investigative, advisory, and educational functions:

• Inquiry Mechanisms: Investigates human rights violations or administrative negligence

in preventing such violations by any public servant through three channels:

o Suo motu (on its own corporate initiative).

o On a physical petition presented directly to it by a victim or third party.

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o Via a direct order from a Court of Law.

• Judicial Intervention: Vested with the authority to intervene in any ongoing legal
proceeding involving allegations of human rights violations pending before a court
(subject to the court’s formal approval).

• Custodial Monitoring: Mandatory visits to jails, reformatories, and detention centers

under the control of State Governments to thoroughly study the living conditions of
inmates and submit structural recommendations.

• Constitutional & Legal Reviews: Systematically reviews the constitutional and legal
safeguards designed to protect human rights and recommends measures for their
tight implementation.

• Combating Inhibiting Factors: Reviews active structural challenges—including acts of

terrorism—that inhibit or block the enjoyment of human rights, suggesting remedial
state actions.

• International Framework Alignment: Studies global treaties and international human

rights instruments to formulate recommendations for their implementation within
domestic law.

• Research & Literacy Drives: Undertakes and promotes academic research in human
rights, spreads human rights literacy across society, and raises awareness regarding
institutional safeguards.

• Civil Society Collaboration: Actively encourages and builds alliances with Non-
Governmental Organizations (NGOs) and community groups working in the domain of
human rights.

Working Mechanics & Investigating Powers

• Headquarters & Procedural Autonomy: Headquartered in New Delhi, with the legal
authority to open regional offices across India. The Commission holds the absolute
power to regulate its own internal working procedures.

• Civil Court Status: Possesses all the powers of a standard Civil Court while conducting
inquiries. Its proceedings are deemed to have a formal judicial character, enabling it
to requisition information or records from the Central and State Governments.

• Investigative Infrastructure:

o Maintains its own internal nucleus of investigating staff to run field

investigations.

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o Statutorily empowered to co-opt and utilize the services of any officer or

investigation agency belonging to the Central Government or State
Governments.

• The Strict Limitation Clause: The Commission is completely prohibited from inquiring
into any matter after the expiry of one year from the date on which the alleged
human rights violation was committed. In short, complaints must clear a strict 1-year
limitation period from the date of the incident.

Post-Inquiry Remedial Steps

Upon concluding an active inquiry, the NHRC can initiate any of the following procedural
steps:

• Recommend that the concerned government or authority make immediate payments of

monetary compensation or damages to the victim.

• Recommend the formal initiation of prosecution or disciplinary proceedings against

the guilty public servant.

• Recommend the grant of immediate interim financial relief to the victim while final
proceedings are pending.

• Approach the Supreme Court of India or the concerned High Court directly to seek
necessary directions, orders, or constitutional writs.

Institutional Role & Functional Constraints

• The Recommendatory Character: The functions of the Commission are primarily

recommendatory in nature. It has no autonomous power to directly punish violators,
nor can it independently award binding monetary relief to a victim.

• The Compliance Window: Its recommendations are not legally binding on the
government.

The 1-Month Rule: The concerned government or authority is statutorily mandated to

inform the Commission about the action taken on its recommendations within a strict
window of one month.

• Armed Forces Jurisdiction Restriction: The Commission faces tightly restricted

powers and a highly limited jurisdiction regarding human rights violations committed
by members of the Armed Forces:

o In this domain, the NHRC cannot investigate independently; it can only seek a
report from the Central Government.

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o After receiving the report, it frames its recommendations.

o The 3-Month Armed Forces Rule: The Central Government must inform the
Commission of the action taken on those recommendations within three months.

• Legislative Oversight: The NHRC submits detailed Annual or Special Reports to the
Central Government and the respective State Governments. These reports must be
laid before the Parliament and State Legislatures, accompanied by a mandatory
Memorandum of Action Taken explaining the reasons for the non-acceptance of any
recommendation.

State Human Rights Commission

Statutory Mandate & Jurisdictional Limits

• Legal Standing: Established under Section 21 of the Protection of Human Rights Act
(PHRA), 1993, as a statutory body (not a constitutional body) via an Official Gazette
Notification.

• The 7th Schedule Matrix: The Commission can exclusively inquire into human rights
violations relating to subjects cataloged under the State List (List-II) and the
Concurrent List (List-III) of the Seventh Schedule of the Constitution of India.

• The Overlap Restrictive Proviso: If a case is already under active inquiry by the
National Human Rights Commission (NHRC) or any other statutory body, the State
Human Rights Commission (SHRC) is barred from initiating a parallel investigation.

• Union Territories Exclusion: The Central Government can delegate the human rights
functions of specific Union Territories to adjacent SHRCs.

o The Capital Exception: The human rights affairs of the Union Territory of
Delhi are handled exclusively by the NHRC.

Structural Composition & Qualifications

The SHRC functions as a multi-member bench comprising one Chairperson and two
Members:

Position Core Statutory Qualifications [Section 21 Baseline]

Chairperson Must be a retired Chief Justice OR a retired Judge of a High Court.

(Note: The 2019 Amendments expanded the pool to include retired High
Court Judges as eligible for the chair).

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Judicial Must be a serving or retired Judge of a High Court, OR a District Judge

Member serving within the state with a minimum of 7 years of judicial experience
as a District Judge.

Expert A person possessing wide practical experience or specialized knowledge in

Member matters relating to human rights.

The State Selection Panel

• Appointing Authority: Formally appointed by the Governor of the respective State

under his warrant and seal.

• The 4-Member Selection Committee: The Governor acts on the binding, unanimous or
majority recommendations of an executive committee consisting of:

1. The Chief Minister (Chairperson of the Committee)

2. The Speaker of the State Legislative Assembly

3. The State Home Minister

4. The Leader of the Opposition (LoP) in the State Legislative Assembly

• Bicameral States Rule: In states that possess a bicameral legislature (State

Legislative Council), the Chairman of the Legislative Council and the Leader of the
Opposition in the Council are mandatory members of this selection committee.

• Judicial Consultation Proviso: A serving High Court Judge or a serving District Judge
can be appointed only after formal, written consultation with the Chief Justice of the
State High Court.

Tenure, Service Conditions & Separation of Powers

• Fixed Tenure Cap: Under the 2019 baseline amendments, the term of office stands at
3 years or until attaining the upper age ceiling of 70 years, whichever occurs earlier.

• Re-appointment Clause: Fully eligible for re-appointment for a subsequent term,

subject to the standard 70-year age bar.

• Post-Tenure Employment Bar: Upon leaving office, both the Chairperson and
Members face an absolute statutory bar from accepting further employment under
any State Government or the Central Government.

• Salary Independence: Salaries and operational allowances are determined and

prescribed entirely by the State Government, and they cannot be altered to their
disadvantage during their active tenure.

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The Removal Protocol (Presidential Domain)

• The Federal Safeguard: Although appointed by the State Governor, the Chairperson
and Members of an SHRC can only be removed from office by the President of
India (the Governor has no removal powers).

• Direct Executive Grounds: The President can remove an official directly if they are:

o Adjudged an insolvent.

o Engaged in any paid outside employment during their tenure.

o Unfit by reason of infirmity of mind or body in the opinion of the President.

o Declared of unsound mind by a competent court.

o Convicted and sentenced to prison for an offense.

• Judicial Ground Protocol (Proved Misbehaviour/Incapacity): The President must

mandatory refer the case to the Supreme Court of India for an independent judicial
enquiry. The President executes the removal order only if the Supreme Court confirms
the misbehaviour/incapacity and advises removal.

Focus on Tamil Nadu (TNSHRC)

• Establishment History: The State Human Rights Commission of Tamil Nadu (TNSHRC)
was formally constituted on April 17, 1997, under Section 21 of the PHRA, 1993, with
its headquarters located in Chennai.

• Current Executive Leadership (2026):

o Chairperson: Justice S. Manikumar (Former Chief Justice of the Kerala High

Court and former Judge of the Madras High Court; appointed by the Governor
as TNSHRC Chief for a 3-year term).

o Judicial Member: Thiru. V. Kannadasan serving alongside the chairperson on

the active bench.

• Investigative Infrastructure: TNSHRC features its own autonomous Investigation

Division headed by a high-ranking Indian Police Service officer of the rank of
Inspector General of Police (IGP) assisted by a Superintendent of Police (SP) to
conduct impartial field inquiries into regional complaints.

Core Functions of the State Commission [Section 12 Baseline]

• Inquiry Violations: Investigates human rights violations or deep administrative

negligence by any public servant through three clear procedural channels:
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o Suo motu (taking up a case on its own autonomous initiative).

o On a physical petition or complaint presented directly to the body by a victim

or any public citizen.

o Via a direct, binding order from a Court of Law.

• Judicial Intervention: Vested with the power to officially intervene in any ongoing
legal proceeding involving allegations of human rights violations currently pending
before a court of law (contingent upon that specific court's approval).

• Custodial Oversight: Mandated to visit jails, prison cells, and standard detention
centers under the control of the State Government to inspect the living conditions of
inmates and submit structural corrective reports.

• Safeguard Review: Reviews the functional and legal safeguards guaranteed under the
Constitution or provincial laws for human rights protection, recommending actions for
their airtight implementation.

• Review of Extremism: Analyzes socioeconomic or systemic inhibiting factors—

including acts of terrorism and armed extremism—that block the enjoyment of human
rights, suggesting remedial actions to the state.

• Advocacy & Research: Promotes and runs academic research in human rights, drives
public human rights literacy campaigns across all regional sectors, and actively
encourages the independent work of localized Non-Governmental Organizations
(NGOs).

Working Mechanics & Scope of Power

• Procedural Autonomy: The Commission holds the absolute statutory power to regulate
its own internal working procedures and operational schedules.

• Civil Court Status: Wields all the enforcement powers of a standard Civil Court
during an inquiry. Its proceedings possess a formal judicial character, allowing it to
summon witnesses under oath, compel document discovery, and requisition any public
record directly from state departments.

• The Strict 1-Year Limitation Cap: The Commission is completely prohibited from
inquiring into any human rights violation after the expiry of one year from the
date on which the alleged incident occurred. Complaints must clear this strict 1-year
statutory limitation period to be legally maintainable.

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Post-Inquiry Remedial Framework

Upon concluding an investigation or formal inquiry, the Commission can recommend any of the
following procedural steps to the state authorities:

• Recommend the immediate payment of monetary compensation or financial damages

to the aggrieved victim.

• Recommend the prompt initiation of prosecution or disciplinary proceedings against

the guilty public servant.

• Recommend the grant of immediate interim financial relief to the victim while formal
trials are pending.

• Approach the Supreme Court of India or the regional High Court directly to seek
necessary directions, judicial orders, or constitutional writs.

Institutional Status & Legislative Oversight

• The Recommendatory Character: The functions of the Commission are strictly

recommendatory and advisory in nature. It lacks autonomous power to directly
penalize human rights violators or independently award binding monetary
compensation.

• The 1-Month Compliance Rule: While its recommendations are not legally binding, the
concerned State Government or authority is statutorily mandated to submit an official
statement informing the Commission about the action taken on its recommendations
within a strict window of one month.

• Legislative Tabled Reports: Submits its detailed Annual or Special Reports directly to
the State Government. The state is statutorily bound to lay these reports before
the State Legislature, accompanied by a mandatory Memorandum of Action Taken
fully explaining the reasons for the non-acceptance of any specific recommendation.

District-Level Human Rights Courts [Sections 30 & 31]

To operationalize a bottom-up framework for speedy trials, the Protection of Human Rights
Act, 1993, contains explicit mandates for grassroot judicial bodies:

• The Structuring Process [Section 30]: For every district, the State Government can
set up a dedicated Human Rights Court to provide rapid trials for offenses arising out
of human rights violations.

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• Judicial Concurrence: These courts are established via official notification by the
State Government, executed only with the prior formal concurrence of the Chief
Justice of the State High Court.

• Designated Venue: In practice, the State Government designates the existing Court
of Session in each district to act as the specific Human Rights Court.

• The Prosecution Machinery [Section 31]: For every designated Human Rights Court,
the State Government must provide matching legal personnel via notification:

o Specify a regular Public Prosecutor to conduct cases, OR

o Formally appoint an advocate who has been in active legal practice for not less
than seven years as a specialized Special Public Prosecutor.

Tamil Nadu Performance

• Tamil Nadu’s Pioneer Status: Tamil Nadu historically stands as a pioneer in human
rights infrastructure, being among the early states to notify and set up designated
District Human Rights Courts across its districts by utilizing its Courts of Session in
concurrence with the Madras High Court.

• SHRC Performance Backlog Data (2026 Focus):

o Systemic Volume: Right to Information (RTI) data released in January 2026

revealed that the Tamil Nadu State Human Rights Commission (TNSHRC)
received a total of 76,830 petitions over a six-year tracking block (2020–
2025).

o Disposal Metrics: The Commission successfully resolved 65,445 petitions

(demonstrating a sharp burst of efficiency in 2022 by disposing of 16,427
cases).

2019 AMENDMENT ACT

Widening the Eligibility Criteria for Chairpersons

The amendment significantly diversified the selection pool for the leadership positions to
prevent vacancies:

• National Level (NHRC) [Provisions 1 & 2]:

o Pre-Amendment: Only a retired Chief Justice of India (CJI) could be

appointed as the Chairperson.

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o Post-Amendment: A retired Judge of the Supreme Court is also made eligible

for appointment as Chairperson, alongside a retired CJI.

• State Level (SHRC) [Provision 5]:

o Pre-Amendment: Only a retired Chief Justice of a High Court could be

appointed as the Chairperson.

o Post-Amendment: A retired Judge of a High Court is also made eligible for

appointment as Chairperson, alongside a retired Chief Justice of a High Court.

Expansion of Expert & Ex-Officio Bench Strength

The amendment broadened both full-time human rights experts and inter-commission
representation:

• Human Rights Expert Members:

o Pre-Amendment: Two persons with practical knowledge or experience in human

rights were appointed as full-time members.

o Post-Amendment: The number of expert members was increased from two to

three, out of which at least one member must be a woman.

• Ex-Officio Members Expansion [Provision 3]: To ensure intersectional civil rights

oversight, the amendment added three new ex-officio members to the existing
NHRC panel:

1. The Chairperson of the National Commission for Backward Classes (BCs).

2. The Chairperson of the National Commission for Protection of Child Rights

(NCPCR).

3. The Chief Commissioner for Persons with Disabilities.

Realignment of Tenure & Re-appointment Rules [Provision 4]

• Reduction in Term: The tenure for the Chairperson and Members of both the NHRC
and SHRC was reduced from five years to three years.

• Upper Age Limit: The maximum age cap remains unchanged at 70 years.

• Removal of Re-appointment Restrictions: The amendment removed the 5-year limit

for re-appointment, making both Chairpersons and Members eligible for continuous
re-appointment terms, subject to the standard 70-year upper age ceiling.

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Administrative Delegation of Executive Powers [Provisions 7 & 8]

The amendment formally designated the administrative heads as Chief Executive Officers to
streamline daily operational workflows:

• At the Central Level (NHRC): The Secretary-General of the NHRC is empowered to

independently exercise all administrative and financial powers of the Commission,
subject to the overall control of the Chairperson.

o The Carve-out: The Secretary-General is explicitly excluded from exercising

judicial functions or using the power to frame formal internal regulations.

• At the State Level (SHRC): The Secretary of the State Commission is similarly
authorized to exercise all administrative and financial powers, subject to the
absolute control of the SHRC Chairperson.

Devolution of Human Rights Governance in Union Territories [Provision 6]

┌───────────────── UT Human Rights Governance

────────────────┐
▼ ▼

[ Union Territory of Delhi ] [ All Other Union Territories ]

│ │

( Managed solely by ) ( Handled directly by )

▼ ▼

The NHRC An Adjacent, Designated

State Commission (SHRC)

• The UT Baseline: The Central Government is empowered to confer human rights

enforcement functions being discharged in any Union Territory onto an adjacent,
specified State Human Rights Commission (SHRC).

• The Capital Exception: Human rights violations arising inside the Union Territory of
Delhi are carved out completely and are handled exclusively by the National Human
Rights Commission (NHRC).

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Human Rights

Global Administrative Machinery

• World Human Rights Day: Celebrated globally every year on 10th December to
commemorate the formal adoption of the landmark Universal Declaration of Human
Rights in 1948.

• The UN Anchor Node: The Office of the High Commissioner for Human Rights
(OHCHR) holds the lead operational responsibility within the United Nations system
for the global promotion and protection of human rights.

• Headquarters: Strategically based in Geneva, Switzerland, supported by multiple

regional offices worldwide.

The International Bill of Human Rights

The structural foundation of modern international human rights law emerged after the
destruction of the Second World War (1939–1945). It consists of exactly three fundamental
pillars:

┌────────── International Bill of Human Rights ──────────┐

│ │

▼ ▼

[ Milestone Declaration ] [ The Two 1966 Covenants ]

│ │

• Universal Declaration of Human Rights • International Covenant on Civil

(UDHR - Dec 1948) and Political Rights (ICCPR)

• International Covenant on Economic,

Social and Cultural Rights (ICESCR)

Pillar 1: The Universal Declaration of Human Rights (UDHR)

• Adoption Date: Adopted by the United Nations General Assembly (UNGA) on 10th
December 1948.

• Composition: Contains 30 distinct Articles that serve as the universal building blocks
for all subsequent international conventions, treaties, and legal instruments.

Pillars 2 & 3: The 1966 International Covenants

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In December 1966, the UNGA adopted two binding international treaties to translate the
UDHR principles into legally enforceable state commitments:

• International Covenant on Civil and Political Rights (ICCPR):

o Focuses on civil and democratic liberties (e.g., freedom of speech, voting rights,
fair trial).

o Monitoring Organ: Supervised and monitored by the Human Rights Committee.

• International Covenant on Economic, Social and Cultural Rights (ICESCR):

o Focuses on welfare entitlements (e.g., housing, employment, health, education).

o Monitoring Organ: Supervised and monitored by the Committee on Economic,

Social and Cultural Rights.

Complementary & Specialized International Treaties

International Humanitarian Law (IHL)

• Definition: Known as the Law of War or the Law of Armed Conflict.

• Core Role: A specific set of rules that seek to limit the devastating effects of armed
conflict for humanitarian reasons.

• Purview: Protects civilians and persons who are no longer actively participating in
hostilities (such as prisoners of war), while strictly restricting the means and methods
of combat. It runs complementary to international human rights law.

Chronology of Major Human Rights Conventions

Year of International Convention / Treaty Title

Adoption

1948 Convention on the Prevention and Punishment of the Crime of Genocide

1965 International Convention on the Elimination of All Forms of Racial

Discrimination

1979 Convention on the Elimination of All Forms of Discrimination against

Women (CEDAW)

1984 Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment

1989 Convention on the Rights of the Child (CRC)

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1999 International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families

2006 International Convention for the Protection of All Persons from Enforced
Disappearance

2006 Convention on the Rights of Persons with Disabilities (CRPD)

• Corporate Accountability Standard (2011): The United Nations Human Rights Council
(UNHRC) passed the Guiding Principles on Business and Human Rights (UNGPs),
formally outlining global human rights requirements for corporate businesses and
commercial enterprises.

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