The Protection of Human Rights Act, 1993 and the constitution of the NHRC - Human Rights Law and Practice

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1. Background
2. Scheme of the Act
3. Key definitions: section 2(1)
4. Composition of the NHRC: section 3
5. Appointment: section 4
6. Removal: section 5
7. Term and conditions: sections 6 to 8
8. Staff: section 11
9. Summary of the 2019 amendments
How this is examined

Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. “Discuss the constitution, powers and functions of the NHRC” and “important provisions of the Protection of Human Rights Act” are the two Unit IV essays, set in every recent paper. This note covers the Act’s background and the constitution of the Commission; the next covers functions, powers and procedure. Use the text as amended by the Protection of Human Rights (Amendment) Act, 2019, in force from 2 August 2019. Older textbooks give the pre-2019 composition and five-year terms, which are wrong now.

1. Background

By 1993 there was pressure from within and outside India for an independent body to examine complaints against the police and security forces. The UN General Assembly adopted the Paris Principles on national human rights institutions (resolution 48/134, 20 December 1993), which require such institutions to have a broad mandate, independence guaranteed by law, pluralist composition and adequate resources. India issued the Protection of Human Rights Ordinance, 1993, and replaced it by the Protection of Human Rights Act, 1993 (Act 10 of 1994), which received assent on 8 January 1994 and is deemed to have come into force on 28 September 1993 (section 1(3)). The NHRC was set up on 12 October 1993. The Act has been amended in 2000, 2006 and 2019.

2. Scheme of the Act

Chapter I (ss. 1–2): preliminary and definitions.
Chapter II (ss. 3–11): the National Human Rights Commission.
Chapter III (ss. 12–16): functions and powers.
Chapter IV (ss. 17–20): procedure, armed forces, reports.
Chapter V (ss. 21–29): State Human Rights Commissions.
Chapter VI (ss. 30–31): Human Rights Courts.
Chapter VII (ss. 32–35): finance, accounts and audit.
Chapter VIII (ss. 36–43): miscellaneous, including the limits on jurisdiction in section 36.

3. Key definitions: section 2(1)

“Human rights”, s. 2(1)(d): “the 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”.
“International Covenants”, s. 2(1)(f), as substituted in 2006: the ICCPR and ICESCR adopted on 16 December 1966, and such other covenant or convention adopted by the General Assembly as the Central Government may notify.
“Armed forces”, s. 2(1)(a): the naval, military and air forces, and any other armed forces of the Union. This matters for section 19.
“Public servant”, s. 2(1)(m): as in section 21 of the Indian Penal Code. The Act still refers to the IPC; since 1 July 2024 the reference is read with the corresponding definition in section 2(28) of the Bharatiya Nyaya Sanhita, 2023.

4. Composition of the NHRC: section 3

Section 3(1) requires the Central Government to constitute the Commission. Under section 3(2) it consists of:

(a) a Chairperson who has been a Chief Justice of India or a Judge of the Supreme Court (the words “or a Judge” were added in 2019; before that only a former Chief Justice of India could be appointed);
(b) one Member who is, or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) three Members, of whom at least one shall be a woman, appointed from among persons having knowledge of, or practical experience in, matters relating to human rights (two Members, with no woman requirement, before 2019).

Deemed Members, section 3(3). The Chairpersons of the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights, the National Commission for Scheduled Castes, the National Commission for Scheduled Tribes and the National Commission for Women, and the Chief Commissioner for Persons with Disabilities, are deemed Members for the discharge of the functions in clauses (b) to (j) of section 12. The NCBC, the NCPCR and the Chief Commissioner were added in 2019. Deemed Members do not take part in the inquiry function under section 12(a).

Secretary-General, section 3(4). The chief executive officer, who, subject to the control of the Chairperson, exercises all administrative and financial powers, except judicial functions and the power to make regulations under section 40B (as amended in 2019). Headquarters, section 3(5): Delhi, with offices elsewhere with the approval of the Central Government.

So the Commission has a Chairperson, five full-time Members and seven deemed Members.

5. Appointment: section 4

The Chairperson and Members are appointed by the President by warrant under his hand and seal, after obtaining the recommendations of a committee of:

the Prime Minister (chairperson);
the Speaker of the House of the People;
the Minister in charge of the Ministry of Home Affairs;
the Leader of the Opposition in the House of the People;
the Leader of the Opposition in the Council of States;
the Deputy Chairman of the Council of States.

No sitting Judge of the Supreme Court or sitting Chief Justice of a High Court may be appointed except after consultation with the Chief Justice of India (second proviso). Under section 4(2), no appointment is invalid merely because of a vacancy in the committee.

A point to make in the critique. Four of the six members of the committee are usually from the government side (the Prime Minister, Home Minister, Speaker and, in most Houses, the Deputy Chairman). The Opposition’s two votes cannot prevent an appointment. Critics, and the Paris Principles’ emphasis on independence and pluralism, are why this is regularly discussed in answers on the NHRC’s effectiveness.

6. Removal: section 5

The Chairperson or a Member may resign by writing to the President (s. 5(1)). Under section 5(2) they may be removed only by order of the President on the ground of proved misbehaviour or incapacity, after the Supreme Court, on a reference by the President, has inquired and reported that the person ought to be removed. Under section 5(3) the President may remove a Chairperson or Member who is adjudged insolvent, engages in paid employment outside the duties of office, is unfit by reason of infirmity of mind or body, is of unsound mind and so declared by a competent court, or is convicted and sentenced to imprisonment for an offence involving moral turpitude in the President’s opinion. The procedure through the Supreme Court is a guarantee of independence modelled on that for judges.

7. Term and conditions: sections 6 to 8

Chairperson: three years from entering office or until the age of seventy, whichever is earlier, and eligible for re-appointment (s. 6(1), as amended in 2019; previously five years with no re-appointment).
Members: three years, eligible for re-appointment, but no Member may hold office after seventy (s. 6(2)).
On ceasing to hold office, they are ineligible for further employment under the Central or any State Government (s. 6(3)).
A Member may be authorised by the President to act as Chairperson in a vacancy or absence (s. 7). Salaries and conditions are prescribed by rules and cannot be varied to their disadvantage after appointment (s. 8).
No act of the Commission is invalid merely because of a vacancy or defect in its constitution (s. 9). The Commission regulates its own procedure by regulations (s. 10).

The 2019 change to term is open to criticism. A shorter term with eligibility for re-appointment means that a Chairperson or Member who wants a second term depends on the goodwill of the government that the Commission is supposed to scrutinise.

8. Staff: section 11

The Central Government makes available an officer of the rank of Secretary to the Government of India as Secretary-General, and police and investigative staff under an officer not below the rank of Director General of Police (s. 11(1)). The Commission may appoint other administrative, technical and scientific staff under rules (s. 11(2)). The investigative wing therefore consists of police officers on deputation, a recurring criticism when the complaint is against the police.

9. Summary of the 2019 amendments

Chairperson of the NHRC may be a former Judge of the Supreme Court, not only a former Chief Justice of India; Chairperson of an SHRC may be a former Judge, not only a former Chief Justice, of a High Court.
Human rights Members increased from two to three, at least one a woman.
Deemed Members: NCBC, NCPCR and the Chief Commissioner for Persons with Disabilities added.
Term reduced from five to three years for the NHRC and SHRCs, with eligibility for re-appointment.
Secretary-General and SHRC Secretaries given all administrative and financial powers.
The Central Government may confer human rights functions concerning Union territories on a State Commission; those for Delhi are dealt with by the NHRC (s. 21(7), (8)). The 2020 adaptation orders added Jammu and Kashmir and Ladakh to the Union territories handled by the NHRC.

How this is examined

June 2025 and February 2025: “Discuss the constitution, powers and functions of the NHRC” (10 marks); June 2025 alternative and August 2024: “Explain the important provisions of the Protection of Human Rights Act, 1993”. For the constitution part, sections 4 to 7 of this note are what is wanted, stated with section numbers and the 2019 changes. Combine with the next note for powers and functions. For “important provisions”, walk through the scheme in section 2 and give a few lines on each chapter, using both notes and the note on State Commissions and Human Rights Courts.