Laxmikanth Test: National Human Rights Commission - UPSC MCQ

The chairman and members of the National Human Rights Commission are appointed by the president on the recommendation of a committee consisting of the Prime Minister (Chairperson), the Home Minister, the Leader of the Opposition in the Lok Sabha and Rajya Sabha, the Speaker of the Lok Sabha, and the Deputy Chairman of the Rajya Sabha

The chairperson should be a retired chief justice of India or a judge of the Supreme Court and members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court and three persons (out of which atleast one should be a woman) having knowledge or practical experience with respect to human rights   

The salaries, allowances and other conditions of service of the chairperson or a member of National Human Rights Commission are determined by the Central government. Also they cannot be varied to his disadvantage after his appointment.

The chairman and members hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier. Earlier the act states that the chairperson and members of the NHRC and SHRC will hold office for five years or till the age of seventy years, whichever is earlier.

The National Human Rights Commission (NHRC) of India is a statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).

   The National Human Rights Commission is a statutory (and not a constitutional) body. It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 19931

The Commission consists of a Chairperson, five full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission.

Protection of Human Rights Act, 1993. Long Title: An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto.

Ex-officio members:

• Chairperson, National Commission for Scheduled Castes
• Chairperson, National Commission for Scheduled Tribes
• Sardar Iqbal Singh Lalpura, Chairperson, National Commission for Minorities
• Chairperson, National Commission for Women
• Chairperson, National Commission for Backward Classes
• Chairperson National Commission for Protection of Child Rights
• Chief Commissioner for Persons with Disabilities

The NHRC is responsible for the protection and promotion of human rights, defined by the act as "Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India".