The NHRC (National Human Rights Commission) celebrated its 33rd Foundation Day. This note covers the NHRC’s legal basis, composition and powers – a favourite area for polity questions.
Why in News?
The National Human Rights Commission marked its 33rd Foundation Day, commemorating 33 years of protecting human dignity and advancing justice.
NHRC: Key Facts for Prelims
- Nature: independent statutory body – not a constitutional body.
- Law: constituted under the Protection of Human Rights Act (PHRA), 1993; its foundation day is observed on 12 October.
- International alignment: complies with the Paris Principles for national human rights institutions.
- Composition: Chairperson, five full-time members and seven ex-officio members.
- Chairperson: a former Chief Justice of India or a former Supreme Court judge (2019 amendment).
- Appointment: by the President on the recommendation of a six-member committee headed by the Prime Minister.
- Tenure: 3 years or up to 70 years of age, whichever is earlier; eligible for reappointment.
- Nodal ministry: Ministry of Home Affairs.
Selection committee and members
- Committee: PM (chair), Lok Sabha Speaker, Union Home Minister, Deputy Chairman of Rajya Sabha, and Leaders of Opposition in both Houses.
- Ex-officio members: chairpersons of NCSC, NCST, NCW, NCM, NCBC, NCPCR and the Chief Commissioner for Persons with Disabilities.
- Removal by the President; for misbehaviour or incapacity after a Supreme Court inquiry.
Powers and limits
- Has powers of a civil court while inquiring into complaints.
- Cannot inquire into matters more than one year old; recommendations are not binding.
- Limited role over armed forces – can only seek a report from the Centre.
- State Human Rights Commissions are also set up under PHRA, 1993; Human Rights Day is 10 December.
Quick Revision Table: NHRC
| Point | Detail |
|---|---|
| Body | National Human Rights Commission |
| Nature | Statutory, not constitutional |
| Law | Protection of Human Rights Act, 1993 |
| Members | Chairperson + 5 full-time + 7 ex-officio |
| Appointed by | President, on PM-led six-member committee’s advice |
| Tenure | 3 years or 70 years of age |
| Global standard | Paris Principles |
| Time limit for complaints | Within one year of the incident |
Trap / Confusing Points: NHRC
| Confusion | Correct Position |
|---|---|
| The Commission is a constitutional body | No – statutory, under PHRA 1993 |
| Its recommendations are binding | No – advisory/recommendatory |
| Chief Justice of India is in the selection committee | No – the committee is PM-led with Speaker, Home Minister, RS Deputy Chairman and two LoPs |
| Tenure is 5 years or 65 years | No – 3 years or 70 years |
5 Practice MCQs on NHRC
1. The NHRC was constituted under:
a. Article 338
b. Protection of Human Rights Act, 1993
c. Human Rights Act, 1998
d. Article 21
Ans: B
Explanation: NHRC is a statutory body created by PHRA, 1993.
2. The NHRC Chairperson is appointed by:
a. Chief Justice of India
b. Prime Minister
c. President
d. Lok Sabha Speaker
Ans: C
Explanation: The President appoints on the recommendation of a PM-led committee.
3. Who among the following is NOT a member of the NHRC selection committee?
a. Lok Sabha Speaker
b. Union Home Minister
c. Chief Justice of India
d. Deputy Chairman of Rajya Sabha
Ans: C
Explanation: The CJI is not part of the selection committee.
4. Members of the NHRC hold office for:
a. 5 years or 65 years
b. 3 years or 70 years
c. 6 years or 65 years
d. 4 years or 70 years
Ans: B
Explanation: Tenure is 3 years or up to 70 years of age.
5. The NHRC follows which international standards for national human rights institutions?
a. Vienna Principles
b. Paris Principles
c. Geneva Principles
d. Helsinki Principles
Ans: B
Explanation: The Paris Principles set the standards for NHRIs.
Exam tip: NHRC questions usually test ‘statutory vs constitutional’, the selection committee and tenure – revise these three points first.
To learn current affairs from exam point of view, Click here.
To know more about the NHRC Foundation Day, Click here.
