The National Human Rights Commission (NHRC) of India is a statutory body established in 1993 under the Protection of Human Rights Act, 1993. It is a multi-member body consisting of a chairperson and five members, along with seven ex-officio members. Here are the key aspects of its composition, appointment, tenure, and removal of its chairperson and members:
Composition:
- The commission comprises a chairperson and five members.
- The chairperson must be a retired chief justice of India or a retired judge of the Supreme Court.
- The members must include a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court, and three persons (one of whom must be a woman) with knowledge or experience in human rights.
- In addition, there are seven ex-officio members: the chairpersons of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs, the National Commission for Women, the National Commission for BCs, the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.
Appointment:
- The chairperson and members are appointed by the president of India based on the recommendations of a six-member committee.
- The committee consists of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, the leaders of the opposition in both Houses of Parliament, and the Union Home Minister.
- Appointments of a sitting judge of the Supreme Court or a sitting chief justice of a high court require consultation with the chief justice of India.
Tenure:
- The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
- They are eligible for reappointment but are not eligible for further employment under the central or state government after their tenure.
Removal:
- The president can remove the chairperson or any member from office on various grounds such as insolvency, paid employment outside the duties of their office, unfitness due to infirmity of mind or body, unsound mind as declared by a competent court, and conviction leading to imprisonment.
- Removal can also occur on the grounds of proved misbehavior or incapacity, but in such cases, the president must refer the matter to the Supreme Court for an inquiry. If the Supreme Court upholds the cause of removal and advises so, the president can remove the chairperson or a member.
Salaries and Conditions of Service:
- The salaries, allowances, and other conditions of service of the chairperson and members are determined by the central government.
- These conditions cannot be varied to their disadvantage after appointment.
