NHRC & SHRC

Subject: Polity | Unit: Constitutional Bodies | Topic: National & State Human Rights Commissions Exam: AP Group 2 (APPSC) — Paper I, Indian Polity Prerequisites: Fundamental Rights, Supreme Court, High Court

Introduction

The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) are India's dedicated institutions for the protection and promotion of human rights. Unlike the constitutional bodies covered in previous chapters, NHRC and SHRCs are statutory bodies — established under the Protection of Human Rights Act, 1993 (PHRA), not by the Constitution itself. Despite this statutory (rather than constitutional) origin, they play a vital role in investigating complaints against public servants, recommending compensation for victims, and promoting human rights awareness.

For APPSC Group 2, expect 1-2 questions focused on the statutory (not constitutional) nature, composition, the 2019 Amendment changes (3-year term, reappointment eligibility), NHRC vs SHRC jurisdiction (Union List vs State/Concurrent List), and the key limitation that NHRC cannot enforce its recommendations.

Historical Context

India's commitment to human rights is reflected in the Constitution's Fundamental Rights chapter, but the need for a dedicated enforcement mechanism became apparent as violations by state machinery continued. International pressure also played a role — the Paris Principles adopted by the UN General Assembly in 1993 established standards for national human rights institutions, and India responded by enacting the Protection of Human Rights Act in the same year.

The NHRC was established on 12 October 1993 with headquarters in New Delhi. Since then, the PHRA has been amended in 2006 and significantly in 2019 — the 2019 Amendment altered composition, tenure, and reappointment provisions.

Core Content

Legal Basis — Not Constitutional, But Statutory

This is the single most important distinction about NHRC/SHRC:

NHRC and SHRCs are established under the Protection of Human Rights Act, 1993 (PHRA), enacted in conformity with the Paris Principles adopted by the UN General Assembly in 1993.

NHRC — Composition (Post-2019 Amendment)

Chairperson:

• Retired Chief Justice of India OR a Judge of the Supreme Court
• The 2019 Amendment expanded eligibility beyond just retired CJIs

Members:

1. Serving or retired Judge of the Supreme Court
2. Serving or retired Chief Justice of a High Court
3. Three members with knowledge of or practical experience in human rights — at least one shall be a woman (2019 Amendment requirement)

Ex-officio members (Chairpersons of 7 national commissions):

1. National Commission for Scheduled Castes
2. National Commission for Scheduled Tribes
3. National Commission for Women
4. National Commission for Minorities
5. National Commission for Backward Classes
6. National Commission for Protection of Child Rights
7. Chief Commissioner for Persons with Disabilities

NHRC — Appointment

Chairperson and members appointed by the President on recommendation of a 6-member Selection Committee:

This multi-party selection process ensures bipartisan selection — involving both ruling and opposition representatives.

NHRC — Tenure (Post-2019 Amendment)

• Term: 3 years OR until age 70 years, whichever is earlier
• The 2019 Amendment reduced the term from 5 years to 3 years
• Eligible for reappointment for another term (2019 Amendment — previously no reappointment was allowed)
• Can resign by writing to the President

Removal by the President on grounds of:

• Proved misbehaviour or incapacity (after SC inquiry, similar to SC judge process)
• Insolvency
• Conviction for offence involving moral turpitude
• Engaging in paid employment during tenure
• Unfit due to infirmity of mind or body

NHRC — Powers and Functions

Investigation Powers

• Can investigate complaints of human rights violations or negligence by public servants — either on complaint or suo motu (on its own initiative)
• Has all powers of a civil court during investigation:
  • Summon and examine witnesses
  • Discover and produce documents
  • Receive evidence on affidavit
  • Requisition public records
  • Issue commissions for examination of witnesses or documents
• Has its own investigating staff headed by a Director General of Police (DGP)
• Can also utilize services of Central or State Government investigation agencies

Inquiry Jurisdiction — Important Limitations

• Can inquire into violations only if complaint made within one year of the incident
• Cannot inquire into matters that are sub judice (pending before courts)
• Does NOT investigate complaints against private individuals — only public servants
• Can inquire into complaints against armed forces but in a limited manner — seeks report from Central Government

Intervention Powers

• Can intervene in proceedings involving human rights issues pending before courts (with court approval)
• Can visit jails and detention facilities to study conditions of inmates and make recommendations
• Can visit juvenile homes, women's protection homes, and mental health institutions

Recommendations — Advisory, Not Enforceable

After inquiry, NHRC may:

1. Recommend compensation or damages to the victim
2. Recommend prosecution of the violating public servant
3. Recommend interim relief for the victim
4. Approach Supreme Court or High Court for appropriate directions

Critical limitation: NHRC cannot enforce its own recommendations — it is a recommendatory body. The concerned Government or authority must inform NHRC of action taken within one month of receiving recommendations.

Other Functions

• Review constitutional and other legal safeguards for human rights
• Review factors inhibiting enjoyment of human rights (terrorism, communalism, etc.)
• Study international treaties and instruments and recommend implementation
• Promote research in human rights
• Spread human rights literacy among people
• Encourage efforts of NGOs and institutions working in human rights
• Submit annual report to Central Government → laid before each House of Parliament

SHRC — State Human Rights Commission

Composition

• Chairperson: Retired Chief Justice or Judge of a High Court
• Member 1: Serving or retired Judge of a High Court or serving or retired District Judge with minimum 7 years experience
• Member 2: Person with knowledge or practical experience in human rights

Appointment

Appointed by the Governor on recommendation of a 4-member Selection Committee:

Tenure

• 3 years OR age 70 years, whichever is earlier (2019 Amendment)
• Eligible for reappointment (2019 Amendment)
• Removal: Same process as NHRC members — Governor can remove after SC inquiry

Jurisdiction — The Critical Distinction

This is the most frequently tested aspect of SHRC:

• SHRC can inquire into violations only in respect of matters in the State List (List II) and Concurrent List (List III) of the Seventh Schedule
• If a matter falls in the Union List (List I), only NHRC can investigate
• This division ensures no overlap between NHRC and SHRC jurisdictions

Powers

Same as NHRC: civil court powers, investigation, recommendations, jail visits.

As of 2026, 26 states have constituted SHRCs.

Limitations of NHRC/SHRC — The "Toothless Tiger" Critique

1. Cannot enforce recommendations — merely advisory; compliance depends on government goodwill
2. Cannot investigate matters older than one year — arbitrary time limit
3. Limited jurisdiction over armed forces — can only seek reports, not directly investigate
4. No power to punish violators — can only recommend prosecution
5. Heavy dependence on government for funding and staff
6. Often described as a "toothless tiger" by critics — powerful in investigation but powerless in enforcement

AP Connection

• AP has its own State Human Rights Commission (AP SHRC) established under PHRA, 1993
• AP SHRC investigates human rights violations by AP State government officials in matters under the State List and Concurrent List
• For matters under the Union List, complaints must go to NHRC
• Group 2 officers who serve as Sub-Registrars, Municipal Commissioners, or other executive officers may face NHRC/SHRC scrutiny if complaints of human rights violations are filed against their offices
• Understanding NHRC/SHRC jurisdiction is important for administrative officers to ensure compliance with human rights standards

Key Points

1. NHRC and SHRCs are statutory bodies (under PHRA, 1993) — NOT constitutional bodies
2. PHRA enacted in conformity with Paris Principles (UN, 1993)
3. NHRC established on 12 October 1993; HQ: New Delhi
4. PHRA amended in 2006 and 2019 — 2019 brought major changes
5. NHRC Chairperson: Retired CJI or SC Judge (expanded by 2019 Amendment)
6. NHRC has 7 ex-officio members (chairpersons of national commissions)
7. NHRC Selection Committee: PM + Speaker + Home Minister + LoP (LS) + LoP (RS) + Deputy Chairman RS
8. Tenure: 3 years or age 70 (2019 Amendment reduced from 5 to 3 years)
9. Reappointment now allowed (2019 Amendment)
10. NHRC has civil court powers during investigation; can act suo motu
11. One-year limit on complaints; cannot investigate sub judice matters or private individuals
12. NHRC cannot enforce recommendations — recommendatory body only
13. Action taken report required within one month from government
14. SHRC Chairperson: Retired CJ or Judge of HC
15. SHRC jurisdiction: State List + Concurrent List only; Union List matters go to NHRC only
16. SHRC Selection: CM + Speaker + Home Minister + LoP
17. 26 states have constituted SHRCs as of 2026
18. Both NHRC and SHRC criticized as "toothless tigers" due to inability to enforce recommendations

Exam Strategy

High-Probability Question Types:

1. Statutory vs Constitutional — NHRC is statutory (PHRA, 1993); UPSC/CAG/EC are constitutional
2. 2019 Amendment changes — 3-year term (from 5), reappointment allowed, expanded Chairperson eligibility
3. NHRC vs SHRC jurisdiction — Union List (NHRC only) vs State/Concurrent List (SHRC)
4. NHRC cannot enforce — recommendatory body, "toothless tiger"
5. One-year limit and sub judice exclusion

Memory Technique — "NHRC = 3-7-70":

• 3-year term (2019 Amendment)
• 7 ex-officio members
• Age 70 retirement

Common Traps:

• NHRC is NOT a constitutional body — it is statutory (PHRA, 1993)
• Term is now 3 years (not 5 — changed by 2019 Amendment)
• Reappointment is now allowed (changed by 2019 Amendment)
• NHRC can investigate against public servants only (not private individuals)
• SHRC jurisdiction is State + Concurrent List (NOT Union List)
• NHRC cannot investigate armed forces directly — only seeks reports
• Chairperson can now be a SC Judge (not only retired CJI — expanded by 2019 Amendment)

Key Terms Glossary