• A high-powered committee led by Prime Minister Narendra Modi met in New Delhi to select the next chairperson of National Human Rights Commission (NHRC).

• According to the law governing NHRC, while the committee which selects the NHRC chief is headed by the Prime Minister, it has the Lok Sabha Speaker, home minister, Leader of Opposition in Lok Sabha, Leader of Opposition in Rajya Sabha and deputy chairperson of Rajya Sabha as its members.

• The post of NHRC chairperson has been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1.

• A former judge of the Supreme Court, Justice Mishra served as the eighth chairperson of the rights panel and was appointed to its top post in June 2021.

• Vijaya Bharathi Sayani, a member of the NHRC, became its acting chairperson after Justice Mishra demitted office.

• A former Chief Justice of India or a retired judge of the top court is  appointed as NHRC chairperson by the President on the recommendation of the selection committee.

Key points on NHRC:

• The National Human Rights Commission (NHRC) was established on October 12, 1993.

• The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006.

• It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of December, 20, 1993.

• The NHRC takes cognisance of human rights violations, conducts enquiries and recommends compensation to victims from public authorities besides other remedial and legal measures against the erring public servants.

• The commission consists of a chairperson, five full-time members and four deemed members. The statute lays down qualifications for the appointment of the chairperson and members of the commission.

• The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

• Section 2(1)(d) of the PHRA defines human rights as 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.

• The Commission is responsible for spreading human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy.

Legal and Administrative Context:

• Eligibility Criteria Change:The Protection of Human Rights Act, 1993 was amended in 2019 to allow any Supreme Court judge, not just retired Chief Justices of India (CJIs), to head the NHRC.

• Historical Delays: There have been repeated delays in appointing NHRC chairpersons in the past, with long gaps between the tenures of previous heads.

Plea in Supreme Court:

• July 2023: The Supreme Court of India began examining a plea accusing the Union government of being lethargic in filling NHRC vacancies.

• July 2024: The Court granted an extension for the government to respond to the plea, with the NHRC currently operating without a chairperson and four out of five full-time members.

(The author is a trainer for Civil Services aspirants.)