Selection of the Next NHRC Chief

Selection of the Next NHRC Chief

Sub: Polity

Sec: National body

Why in News

• The high-power committee, led by Prime Minister Narendra Modi, convened to select the next Chairperson of the National Human Rights Commission (NHRC).
• The Leaders of the Opposition recommended Justice K.M. Joseph, a retired Supreme Court judge, as a candidate for the NHRC Chairperson position.

National Human Rights Commission (NHRC):

• The National Human Rights Commission (NHRC) is an independent statutory body established on October 12, 1993, under the Protection of Human Rights Act, 1993.
• It functions as a guardian of human rights, which include the rights to life, liberty, equality, and dignity, as guaranteed by the Constitution of India and upheld in international covenants like the Paris Principles.

NHRC Composition

• Chairperson: A retired Chief Justice of India or a Supreme Court judge.
• Members:
  • One sitting or retired judge of the Supreme Court.
  • One sitting or retired Chief Justice of a High Court.
  • Three individuals (including at least one woman) with expertise in human rights.
• Ex-officio Members: Chairpersons of seven national commissions:
  • National Commission for Minorities.
  • National Commission for Scheduled Castes.
  • National Commission for Scheduled Tribes.
  • National Commission for Women.
  • National Commission for Backward Classes.
  • National Commission for Protection of Child Rights.
  • Chief Commissioner for Persons with Disabilities.

Appointment and Tenure

• Conducted by the President of India based on the recommendations of a six-member committee chaired by the Prime Minister. Members include:
  • Speaker of the Lok Sabha.
  • Deputy Chairman of the Rajya Sabha.
  • Leaders of the Opposition from both Houses of Parliament.
  • Union Home Minister.
• Tenure: Chairperson and members serve a term of three years or until reaching the age of 70 years, whichever is earlier. They are eligible for reappointment but cannot seek further employment in the Central or State governments post-tenure.

Removal of Members

• The President can remove the chairperson or members for:

• Insolvency or engaging in outside employment.
• Physical/mental incapacity or unsound mind.
• Conviction and imprisonment for a crime.
• Proven misbehaviour or incapacity (requires Supreme Court inquiry).

Powers

• Quasi-Judicial Powers: Can summon individuals, call for evidence, and recommend actions.
• Investigation: Conducts investigations independently or through agencies like the CBI.
• Recommendations: Advises the government but cannot enforce its recommendations.