NHRC and SHRC

  • July 13, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Subject: Polity

Context:

Recent Custodial deaths in Tamil Nadu and encounter in Uttar Pradesh has brought into focus the role of human rights watchdogs.

Concept:

NHRC

  • The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993
  • It is in conformity with the Paris Principles.
  • The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
  • The Commission consists of a Chairperson, full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission. Constitution of NHRC
  • Judge of the Supreme Court is eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India;
  • Term of the Chairperson and Members of the Commission is three years or 70 years whichever is earlier and shall be eligible for re-appointment.
  • The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister.
  • The president can remove the chairman or any member from the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

(c) If he is unfit to continue in office by reason of infirmity of mind or body; or

(d) If he is of unsound mind and stand so declared by a competent court; or

(e) If he is convicted and sentenced to imprisonment for an offence.

  • In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the 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 chairman or a member.
  • The salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government.

SHRC

  • SHRC derives its mandate from Protection of Human Rights Act (PHRA), 1993
  • The Commission consists of a Chairperson and two Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission. Constitution of NHRC
  • Person who has been Chief Justice or Judge of a High Court will be chairperson of a SHRC.
  • Term of the Chairperson and Members of the Commission is three years or 70 years whichever is earlier and shall be eligible for re-appointment.
  • The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.
  • Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor). The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.
NHRC and SHRC Polity