National Human Rights Commission (NHRC): Composition & Powers
Gajendra Singh Godara
Nov 4, 2025
15
mins read
The National Human Rights Commission of India is an independent statutory body established under the Protection of Human Rights Act, 1993. Constituted on 12 October 1993 by the Government of India, National Human Rights Commission (NHRC) serves as the premier institution for safeguarding human rights in the country. The NHRC acts as a watchdog of human rights. As defined in Section 2(1)(d) of the Act, It aims at protecting the rights related to life, liberty, equality, and dignity of individuals.
These rights are guaranteed by the Constitution and international covenants, making the NHRC a key guardian of fundamental freedoms in India. Its creation aligned with global human rights norms. It had endorsement of the Paris Principles by the UN in 1993.
Historical Background & International Context
Global Origins
After the catastrophic outcomes of World War II, the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948, the fundamental rights for all peoples.
Decades later, the Paris Principles (1991) were formulated to set standards for national human rights institutions (NHRIs) worldwide. These Principles were officially endorsed by the UN General Assembly in 1993.
The United Nations Human Rights Council (UNHRC) serves as a vital global forum for promoting and protecting human rights. It brings together member states, experts and civil society groups to review nations’ rights records, address violations and issue recommendations.
The NHRC of India was established in accordance with these Paris Principles, aligning it with global best practices for human rights protection.
Indian Context
In India, mounting pressure and international commitments led to the enactment of the Protection of Human Rights Act, 1993 (PHRA).
Under this law, the NHRC was constituted on 12 October 1993 (with a statutory foundation in the PHRA).
The NHRC’s mandate mirrors Section 2(1)(d) of the Act: to protect “rights relating to life, liberty, equality and dignity of the individual.”
The Act also provided for State Human Rights Commissions (SHRCs) at the state level.
Objectives of National Human Rights Commission of India
Here are the objectives of the National Human Rights Commission (NHRC) of India:
To safeguard the rights of every individual. Rights relating to life, liberty, equality and dignity, as provided by the Constitution of India and international human rights institutes.
To look into complaints of human-rights violations. The cases where public servants may have been negligent in preventing such violations.
To study international treaties and instruments on human rights, help align domestic protections with global standards. Also, to coordinate with other institutions (both in India and abroad).
To pay special attention to weaker or marginalised groups (such as women, children, persons with disabilities, Scheduled Castes and Scheduled Tribes) to make sure rights are exercised in real life, not just on paper.
To build institutional capacity. This is achieved through research, training, collaboration with civil society and other stakeholders.It enhances human‐rights protection and becomes more robust throughout the system.
Composition of National Human Rights Commission
The NHRC is a multi-member body. It comprises:
Full time members:
National Human Rights Commission Chairperson: The National Human Rights Commission Chairperson must be a retired Chief Justice of India or a Supreme Court judge.
Other full-time members (5): There are five other full time members.
One member who is or has been a Supreme Court judge,
One who is or has been a Chief Justice of a High Court,
Three members (at least one woman) with knowledge or experience in human rights matters.
Ex-officio (Deemed) members : There are seven ex-offico members:
The chairpersons of various national commissions automatically serve on NHRC.
These include the heads of :
National Commission for Scheduled Castes,
National Commission for Scheduled Tribes,
National Commission for Women,
National Commission for Backward Classes,
National Commission of Minorities
National Commission for Protection of Child Rights, and
The Chief Commissioner for Persons with Disabilities.
In total, the Commission has a Chair + 5 full-time members (each bringing judicial or human rights expertise) plus 7 ex-officio members from other statutory bodies. This composition ensures a mix of judicial leadership and human-rights specialists.
Appointment Process of National Human Rights Commission
NHRC leaders are appointed by the President of India, based on recommendations of a high-level committee.
This six-member selection committee is headed by the Prime Minister and includes the :
Speaker of Lok Sabha,
Deputy Chairman of Rajya Sabha,
Leaders of Opposition in both Houses,
Union Home Minister.
Tenure & Service Conditions of National Human Rights Commission
Term: The Chairperson and members hold office for three years or until they reach the age of 70, whichever is earlier.
Reappointment: Members are eligible for reappointment once their term ends. However, neither Chairperson nor members can take further government jobs after serving on NHRC.
Removal: The President may remove a Chairperson or member only for proven misbehavior or incapacity. In such cases, an inquiry is conducted by the Supreme Court. Other grounds include insolvency, conviction, or holding an office of profit. This provides protection from arbitrary removal.
Office | Term | Age Limit | Reappointment |
Chairperson | 3 years or till 70 | 70 years | Yes |
Full-time Members | 3 years or till 70 | 70 years | Yes |
Ex-officio | As per tenure in respective office | N/A | N/A |
Salary and allowances of of National Human Rights Commission
Under the National Human Rights Commission (India) (NHRC)’s founding law (the Protection of Human Rights Act, 1993), the Chairperson and Members’ salaries, allowances and other service conditions are to be “as may be prescribed” by the Central Government.
Once appointed, these terms cannot be varied to their disadvantage. The Chairperson receives a salary equal to that of the Chief Justice of India (currently ₹2,80,000 per month), while Members receive a salary equal to that of Supreme Court Judges (currently ₹2,50,000 per month), as specified in the NHRC Rules, 1993
Mandates of the National Human Rights Commission
The NHRC’s core mandate is to protect and promote human rights in India.
As per the PHRA Section 2(1)(d), “human rights” are defined as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants, enforceable in Indian courts.
The NHRC thus guards these fundamental rights, acting as a watchdog or guardian of human dignity. It can initiate action suo motu (on its own) or in response to complaints.
Key Functions of National Human Rights Commission of India
The NHRC is endowed with a wide range of functions under the PHRA and its rules. Key functions include:
Inquiry into violations: It can investigate (on petition or suo motu) any violation of human rights or negligence in preventing such violation by a public servant.
Intervention in courts: It may intervene in any judicial proceedings involving human rights issues, with court permission.
Prison/detention inspections: The NHRC can visit jails, juvenile homes, or other detention centers to inspect living conditions of inmates and recommend improvements.
Review laws and safeguards: It reviews existing constitutional or legal safeguards for human rights and suggests measures for their effective implementation.
Study international instruments: The Commission studies treaties and other international human rights instruments and recommends steps for their effective implementation in India.
Research and education: It promotes and conducts research in human rights, organizes seminars and awareness programs, and encourages human rights education and literacy in society.
Support NGOs and victims: It supports non-governmental organizations working in human rights, and can recommend compensation or interim relief to victims of violations.
It analyses factors such as terrorism which hinder the possession of human rights. It aims to counter factors that impede the enjoyment of human rights by recommending appropriate remedial measures.
Additionally, the NHRC submits an annual report to the President (and state legislatures via governors), detailing its activities; this report is tabled in Parliament along with government responses to its recommendations.
Powers of National Human Rights Commission (NHRC)
The NHRC has the powers of a civil court when conducting inquiries.
The National Human Rights Commission can summon and enforce the attendance of witnesses, require the discovery and production of any documents, and receive evidence on affidavit.
NHRC may call for information or reports from any government (Central or State) or any authority under them. Essentially, NHRC proceedings have a quasi-judicial character.
During or after an inquiry, the NHRC can recommend to the relevant government or authority:
(i) payment of compensation or damages to victims,
(ii) initiation of proceedings for prosecution of erring public servants,
(iii) immediate relief to victims, and
(iv) it can also file writs in higher courts if necessary.
Limitations of National Human Rights Commission
Structural & Legal Limitations
Non-binding recommendations: The Commission’s suggestions lack legal force when it comes to the government’s obligations. The absence of binding commitments has led to the description of the Commission as “toothless tiger” (a term coined by the former Chief Justice H.L. Dattu in 2016 during his chairmanship of the NHRC).
Time bar on complaints: The NHRC cannot inquire into any matter after one year has elapsed from the date of the alleged violation.
Limited reach over private entities: Violations by private individuals (as opposed to public servants) generally fall outside the NHRC's jurisdiction. It also lacks direct enforcement power over the armed forces; it can only seek a report from the central government on army/border security forces' actions, and then make recommendations.
No punitive authority: The NHRC cannot impose penalties on perpetrators or directly award relief to victims; it can only ask the concerned authority to approach higher courts for compensation.
Lack of independent investigative machinery: The NHRC does not possess its own independent investigation mechanism. In the majority of cases, it must request the concerned Central and State Governments to investigate alleged human rights violations.
Functional & Operational Challenges
Heavy workload and staffing: With thousands of complaints annually, the NHRC is understaffed and underfunded, leading to prolonged case backlogs and delayed investigations.
Delays in case processing: The lengthy processing time causes frustration among complainants and undermines public confidence in the Commission's ability to provide timely justice.
Delays in appointments and vacancies: At times, key positions (including the chairperson) remain vacant for months, hampering the Commission's effectiveness and operational capacity.
Limited follow-up mechanism: The NHRC lacks a robust mechanism to track, monitor, and ensure implementation of its recommendations.
Independence & Perception Issues
. Limited independence and political influence: Since members are appointed by the government, critics question NHRC's autonomy and independence. It has been criticized as a "post-retirement club" for individuals with political affiliations, fueling perceptions that the NHRC functions more as an extension of the government rather than an independent oversight body.
Jurisdictional & Scope Limitations
. Jurisdictional overlaps and gaps: Overlap of functions with other bodies (like multiple commissions for SC/ST, Women, Minorities, etc.) can lead to duplication of efforts or turf issues, reducing efficiency.
. Limited public awareness and accessibility: Many people, especially in rural areas and marginalized communities, remain unaware of the NHRC's existence, mandate, or how to access its services.
International Standing & Credibility
Deferred international accreditation: The GANHRI (Global Alliance of National Human Rights Institutions), a UN-affiliated body, has deferred the NHRC's 'A' status accreditation for three consecutive years (2023, 2024 and 2025), citing concerns about lack of transparency in appointment processes, insufficient representation of women and minorities, inclusion of police officers in investigations, and non-compliance with the Paris Principles. But, in March 2025, GANHRI's Sub-Committee on Accreditation recommended downgrading NHRC from 'A' to 'B' status, marking the first such downgrade in NHRC's history.
Practical Implementation Gaps
. Government non-compliance: Governments often outright reject recommendations of the NHRC or provide only partial compliance to these directives.
. Resource inadequacy for enforcement: Beyond staffing issues, the NHRC faces severe shortages in funding, infrastructure, and technology for investigations and advocacy.
Reforms & Way Forward for NHRC
To strengthen the NHRC, experts propose several reforms:
Binding powers: Amend the PHRA to give NHRC enforcement authority, so that its recommendations become legally binding. This would greatly enhance compliance.
Expanded jurisdiction: Allow NHRC to independently investigate any violation by armed forces or private entities (currently it needs the government's prior report).
Time-bound functioning: Impose strict timelines on inquiries and on governments to respond to recommendations, ensuring swifter justice.
Financial autonomy: Provide NHRC a separate budget and resources free from executive control, so it can hire more staff and experts.
Inclusive composition: Include diverse voices (civil society, human rights activists, women, minorities) in NHRC membership or advisory roles to improve perspective and credibility.
Capacity building: Conduct regular training for members and staff on emerging human rights issues (digital rights, gender justice, etc.).
Preventive role: Shift some focus to preventing violations (through education, policy advice) rather than only reacting to complaints.
Improved coordination: Enhance linkages with State Human Rights Commissions, judiciary, and NGOs for better grassroots redress.
Some commentators even suggest upgrading NHRC to a constitutional body to guarantee greater independence (though this would require an Act of Parliament and likely a constitutional amendment, which has not yet occurred).
UPSC Previous Year Questions
Prelims
Q. Consider the following organizations/ bodies in India: (2023)
The National Commission for Backward Classes
The National Human Rights Commission
The National Law Commission
The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?
Only one
Only two
Only three
All four
Answer: (a)
Mains
Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. (UPSC Mains 2021)
Q. Multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions- Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (UPSC Mains 2018)
The NHRC is India’s premier statutory body for protecting fundamental rights and dignity. It plays a vital role in governance and ethics topics for UPSC (especially GS Paper II on Polity and Governance). While the NHRC’s legal framework aligns with international best practices, its real-world effectiveness depends on addressing its limitations.
UPSC aspirants should note recent developments like the NHRC’s accreditation issues and key case interventions. Relating NHRC’s mandate and challenges to contemporary news (e.g. major human rights cases, calls for reform, GANHRI observations) will strengthen exam answers.
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