Hardly a week passes without a press release from the National Human Rights Commission that opens with the words "takes suo motu cognizance": a sewer death, a child hurt in a school, a prisoner's complaint reported in a newspaper. This week was no different. The Commission issues a notice and asks the authorities for a report, usually within two weeks. Human Rights Day falls on 10 December, the day in 1948 when the UN General Assembly adopted the Universal Declaration of Human Rights, so it will be in the news again next month. UPSC asked a direct NHRC question in CDS 2026-II and one on the Act in CDS 2024-I.
Almost every line of the NHRC's law is a possible exam question: the number of members, who appoints them, how they are removed, and what the Commission cannot do.
What the Act Creates, and What Counts as a Human Right
By Aditya Tiwari · Polity faculty, The Cavalier · Lawyer, 10 years teaching law and Polity
The NHRC is a statutory body, not a constitutional one. It was set up by the Protection of Human Rights Act, 1993, which Parliament passed after an ordinance of 28 September 1993. The President gave assent in January 1994, and the Act took effect from 28 September 1993. The Commission itself was constituted on 12 October 1993, and its first chairperson was Justice Ranganath Misra, a former Chief Justice of India. Its headquarters is in Delhi.
The Act defines human rights narrowly. They are the rights relating to life, liberty, equality and dignity of the individual that are guaranteed by the Constitution or embodied in the International Covenants and are enforceable by courts in India. The covenants here mean the ICCPR and the ICESCR, both adopted by the UN General Assembly on 16 December 1966, and India acceded to them in 1979. So the Commission works with Fundamental Rights (see our page on the right to life and liberty) and with treaty rights that Indian courts can enforce.
Who Sits on the Commission, and the 2019 Changes
The NHRC is a multi-member body: a chairperson and five members, plus ex-officio members. The 2019 amendment widened who can be appointed.
| Seat | Who is eligible |
|---|---|
| Chairperson | A former Chief Justice of India or a judge of the Supreme Court (before 2019, only a former CJI) |
| Member 1 | A serving or former judge of the Supreme Court |
| Member 2 | A serving or former Chief Justice of a High Court |
| Members 3-5 | Three persons with knowledge of or practical experience in human rights, of whom at least one must be a woman (before 2019, two such members) |
| Ex-officio members (7) | Chairpersons of the National Commissions for Minorities, SCs, STs, Women, Backward Classes and Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities |
The ex-officio members count as members only for the Commission's functions other than inquiring into complaints; they link the NHRC to the other bodies that handle the rights of particular groups. For these bodies, see our page on statutory commissions.
The President appoints the chairperson and members on the recommendation of a six-member committee: the Prime Minister (chair), the Speaker of the Lok Sabha, the Union Home Minister, the Leaders of the Opposition in both Houses, and the Deputy Chairman of the Rajya Sabha. A sitting Supreme Court judge or a sitting High Court Chief Justice can be appointed only after consulting the Chief Justice of India. Critics point out that the government side has more seats on this committee than the opposition, and cite it when they question the Commission's independence.
Term and removal. Since 2019 the chairperson and members hold office for three years or until the age of 70, whichever is earlier, and can be reappointed. (Before 2019: five years.) After their term they cannot take further jobs under the Central or a State government.
The President removes them on two kinds of ground. Some grounds are straightforward: insolvency, paid employment outside the office, unfitness through infirmity of mind or body, unsoundness of mind declared by a court, or a conviction and prison sentence for an offence involving moral turpitude. For proved misbehaviour or incapacity the President must first refer the matter to the Supreme Court, and can remove the person only if the Court finds the charge proved. This mirrors the protection of a Supreme Court judge.
Powers, Limits and the Suo Motu Route
The functions that UPSC asks about:
- Inquire into a violation of human rights, or negligence in preventing it by a public servant, on a petition, on its own motion (suo motu) or on a court's order.
- Intervene in a court case involving human rights, with the court's approval.
- Visit jails and detention places to study living conditions, and recommend improvements.
- Review constitutional and legal safeguards, and the factors (including terrorism) that hinder rights.
- Study treaties, undertake and promote research, spread human rights literacy, and encourage NGOs.
During an inquiry, the Commission has the powers of a civil court: it can summon witnesses, require documents and take evidence on affidavit. It has its own investigation staff, and can borrow officers of the Central or a State government. Afterwards it can recommend compensation to the victim, recommend prosecution or other action against the public servant, recommend immediate interim relief, or approach the Supreme Court or a High Court for directions. Our page on how the NHRC's suo motu power works follows one such case through.
1. Recommendatory only. It cannot punish anyone or itself award relief. A government must tell the Commission what action it took on a recommendation within one month.
2. One-year bar. It cannot inquire into an act more than one year after the violation.
3. Armed forces. Its role is limited: it can only seek a report from the Centre and make recommendations, and the Centre must report action within three months.
4. No overlap. It will not inquire into a matter already before a State Human Rights Commission or another statutory commission.
5. Public servants. The inquiry power is about acts of public servants, not about private disputes.
This is why a High Court or the Supreme Court is the stronger remedy when a right has been violated. A court can issue the writs described on our writs page and enforce them by contempt. The NHRC can only recommend, though no government finds it easy to ignore a recommendation that has been laid before Parliament, with the reasons for any rejection.
State Commissions, Human Rights Courts and the Paris Principles
The same Act provides for a State Human Rights Commission (SHRC) in each State that chooses to have one. A State commission looks only at subjects in the State List and the Concurrent List. Union Territories are handled by the NHRC, except that the Centre can confer UT functions on a State commission, with the exception of Delhi, which the NHRC always keeps.
| Point | NHRC | SHRC |
|---|---|---|
| Members | Chairperson + 5 members | Chairperson + 2 members |
| Chairperson | Former CJI or Supreme Court judge | Former Chief Justice or a judge of a High Court (judge added in 2019) |
| Appointed by | President | Governor |
| Committee | PM, Speaker, Home Minister, LoPs of both Houses, RS Deputy Chairman | Chief Minister, Speaker of the Assembly, State Home Minister, Leader of Opposition (plus Council chairman and Council LoP if there is a Legislative Council) |
| Removed by | President | President, not the Governor |
| Term | Three years or age 70, whichever is earlier; eligible for reappointment | |
The point that catches students is in the last two rows. The Governor appoints, but only the President can remove an SHRC member, and on the same grounds and after the same Supreme Court inquiry. Twenty-six States had set up commissions by 2019.
Human Rights Courts. The Act also lets a State government, with the concurrence of the High Court's Chief Justice, specify a Court of Session in each district as a Human Rights Court, for the speedy trial of offences arising from human rights violations. The State appoints a Special Public Prosecutor for each, who must be an advocate of at least seven years' standing.
The Paris Principles (1991; welcomed by the UN General Assembly in December 1993, the year India set up the NHRC) are the UN standards for a national human rights institution. They ask for a broad mandate, independence from government secured by law, pluralism in membership, adequate resources and adequate powers of investigation. The Global Alliance of National Human Rights Institutions (GANHRI) reviews institutions against them and gives 'A' status to those that comply fully. The NHRC has held 'A' status since 1999, which lets it take part in the UN Human Rights Council. Its reviews are where questions on appointments and independence come up.
The present chairperson is Justice V. Ramasubramanian, a former Supreme Court judge (since 30 December 2024).
How UPSC Has Asked It: Past Papers Solved
UPSC tests the NHRC through statements: what it can do, what the Act covers, and what the numbers are. These are actual papers since 2018.
Which of the following statements about National Human Rights Commission, India is/are correct? 1. It can intervene in court proceedings involving human rights violations with the approval of the court 2. It can undertake research in the field of human rights 3. It cannot investigate human rights violation on its own initiative
(a) 1, 2 and 3 (b) 1 and 2 only (c) 2 and 3 only (d) 3 only
Answer: (b). Statements 1 and 2 are functions of the Commission. Statement 3 is wrong because suo motu inquiry is one of its three routes, so (a), (c) and (d) all fail.
Which one among the following is not under the jurisdiction of the Protection of Human Rights Act, 1993?
(a) The National Human Rights Commission (b) The State Human Rights Commission (c) The Human Rights Courts (d) The Human Rights Council
Answer: (d). The Act creates the NHRC, the SHRCs and the Human Rights Courts. The Human Rights Council is a body of the United Nations, in Geneva.
What is the term of office of the Chairperson and Members of the National Human Rights Commission?
(a) 5 years or up to 70 years of age (b) 3 years or up to 70 years of age (c) 5 years or up to 65 years of age (d) 3 years or up to 65 years of age
Answer: (b). The 2019 amendment cut the term from five years to three. The upper age limit of 70 did not change, so (a) is the pre-2019 rule.
Which one of the following statements regarding the Universal Declaration of Human Rights is not correct?
(a) The UN General Assembly adopted the Human Rights Charter on 10th December, 1948. (b) Some of the provisions of the Fundamental Rights enshrined in the Constitution of India are similar to the provisions of the Universal Declaration of Human Rights. (c) The Right to Property is not a part of the Universal Declaration of Human Rights. (d) India is a signatory to the Universal Declaration of Human Rights.
Answer: (c). Article 17 of the Declaration recognises the right to own property, so (c) is the false statement. (In India, property is only a legal right under Article 300A, but the Declaration does include it.)
Which one of the following is not an International Human Rights Treaty?
(a) International Covenant on Civil and Political Rights (b) Convention on the Elimination of All Forms of Discrimination against Women (c) Convention on the Rights of Persons with Disabilities (d) Declaration on the Right to Development
Answer: (d). A declaration is adopted by the General Assembly and is not a binding treaty. The ICCPR, CEDAW and the CRPD are treaties that States ratify.
Almost every NHRC question is either a number (members, term, years) or a limit (what it cannot do). Learn the table in section two and the five limits box, and these questions answer themselves.
Practice MCQs (with answers)
- The National Human Rights Commission is
- a constitutional body under Article 338
- a statutory body created by an Act of Parliament
- an extra-constitutional body created by an executive order
- a body of the United Nations
- Which of the following is NOT a member of the committee that recommends the NHRC chairperson and members?
- The Prime Minister
- The Speaker of the Lok Sabha
- The Chief Justice of India
- The Deputy Chairman of the Rajya Sabha
- After the 2019 amendment, the NHRC chairperson may be
- only a former Chief Justice of India
- a former Chief Justice of India or a former judge of the Supreme Court
- any retired High Court judge
- any person of high social standing
- The NHRC cannot normally inquire into a human rights violation which occurred more than
- six months ago
- three years ago
- one year ago
- five years ago
- In the case of violations by the armed forces, the NHRC may
- seek a report from the Central Government and make recommendations
- order a court-martial
- award compensation directly
- investigate through its own staff without any restriction
- A member of a State Human Rights Commission is appointed by the Governor and can be removed by
- the Governor
- the Chief Minister
- the High Court
- the President
- Human Rights Courts are set up under the Act in each district by
- the Supreme Court, on its own
- the NHRC
- Parliament, by a resolution
- the State government, with the concurrence of the Chief Justice of the High Court
- Which of the following statements about the Paris Principles is correct?
- They set standards of independence and pluralism for national human rights institutions
- They are a treaty binding on every UN member
- They created the International Criminal Court
- They fix the term of office of the NHRC chairperson
1-b, 2-c, 3-b, 4-c, 5-a, 6-d, 7-d, 8-a. Q1: Article 338 deals with the National Commission for Scheduled Castes; the NHRC has no constitutional article. Q2: the Chief Justice of India is only consulted when a sitting judge is to be appointed; he is not on the committee. Q4: the one-year limit. Q6: the Governor appoints but only the President removes. Q8: the Principles are standards, not a treaty.
Quick Revision
- NHRC: statutory, Protection of Human Rights Act 1993; constituted 12 October 1993; HQ Delhi. Human Rights Day 10 December.
- Human rights = life, liberty, equality, dignity, guaranteed by the Constitution or in the International Covenants and enforceable by Indian courts.
- Chairperson + 5 members: former CJI or SC judge (chair, since 2019); an SC judge; a High Court Chief Justice; three human rights members, at least one woman. 7 ex-officio members.
- Six-member committee: PM, Speaker, Home Minister, LoPs of both Houses, RS Deputy Chairman. The President appoints.
- Term 3 years or age 70, reappointment allowed (2019). Removal by the President; for misbehaviour or incapacity only after a Supreme Court inquiry.
- Limits: recommendatory; one-year bar; armed forces, only report and recommend (action reported within 3 months); government replies within 1 month.
- SHRC: chair + 2 members; Governor appoints, President removes; State and Concurrent Lists only. Human Rights Courts: district Courts of Session, with the High Court Chief Justice's concurrence.
- Paris Principles (1991): independence, pluralism, mandate, resources. NHRC 'A' status since 1999.
Frequently asked questions
Is the NHRC a constitutional body?
No. The National Human Rights Commission is a statutory body created by the Protection of Human Rights Act, 1993. It is not mentioned in the Constitution, unlike the Election Commission or the National Commission for Scheduled Castes.
Who appoints the chairperson of the NHRC?
The President appoints the chairperson and members on the recommendation of a six-member committee. The committee has the Prime Minister as its head, the Speaker of the Lok Sabha, the Union Home Minister, the Leaders of the Opposition in both Houses and the Deputy Chairman of the Rajya Sabha.
Can the NHRC punish those who violate human rights?
No. The NHRC can only recommend compensation, prosecution or other action, and its recommendations are not binding. The government must report the action it has taken within one month. Courts, not the Commission, issue binding orders.
What changed in the 2019 amendment to the Act?
The Protection of Human Rights (Amendment) Act, 2019 allowed a former Supreme Court judge, and not only a former Chief Justice of India, to be chairperson. It raised the number of human rights members from two to three with at least one woman, added three ex-officio members and cut the term from five years to three, with reappointment allowed.
What are the Paris Principles?
The Paris Principles are UN standards for national human rights institutions, adopted in 1991 and welcomed by the General Assembly in 1993. They require a clear mandate, independence from government, pluralism, adequate resources and investigative powers. The NHRC has held 'A' accreditation status, which shows full compliance, since 1999.
Related CDS / OTA Polity topics
Polity questions reward exact numbers
Cavalier's CDS/OTA batches teach Indian Polity from the text of the Constitution and the statutes, with weekly PYQ tests.