Why this matters now
NHRC is tested for: the PHRA 1993, the 2019 amendment (term reduced from 5 to 3 years, increased members), composition (Chairperson + 4 members + 7 ex-officio), recommendatory powers (cannot punish), limitations (1-year complaints rule, armed forces exceptions, jurisdictional limits), and the Paris Principles 1991 (UN recognition of NHRIs). Also: GANHRI accreditation deferred 2023 + 2024 + 2025 (third consecutive year India lost “A” status).
Composition (PHRA 1993 as amended 2019)
Chairperson + 5 members:
- Chairperson: retired CJI or retired Supreme Court judge (amended 2019 to add the latter). Term 3 years.
- 1 Member: sitting/retired Supreme Court judge.
- 1 Member: sitting/retired Chief Justice of a High Court.
- 3 Members: persons of knowledge or practical experience in human rights (at least 1 woman).
Plus 7 ex-officio members: Chairs of NCW, NCSC, NCST, NCBC, NCPCR, CCPD (Chief Commissioner for Persons with Disabilities), NCM (National Commission for Minorities).
Appointment: by President on recommendation of a 6-member committee — PM (Chair), Speaker LS, Dy Chair RS, Leader of Opposition LS, Leader of Opposition RS, Union Home Minister. Removal: by President on misbehaviour proved by Supreme Court inquiry (Section 5 PHRA).
Functions & limitations
Functions (Section 12 PHRA):
- Inquire suo motu or on petition into complaints of human-rights violations.
- Intervene in pending court proceedings.
- Visit jails, lock-ups, juvenile homes, hospitals to study living conditions.
- Review legal safeguards for human rights and recommend remedial measures.
- Promote research in human rights.
- Spread human-rights literacy.
Limitations:
- Cannot inquire complaints older than 1 year.
- Powers recommendatory only (no direct enforcement).
- Cannot proceed against armed forces — can only seek report from Central Govt (Section 19) — criticised as “toothless” on AFSPA areas.
- Jurisdiction does not extend to private parties (only state actors).
- Concurrent jurisdiction with SHRCs — cannot inquire matters already pending before SHRC or court.
Recent
Past Chairs: Justice Ranganath Misra (1993-96), Justice M.N. Venkatachaliah (1996-99), Justice J.S. Verma (1999-2003), Justice A.S. Anand (2003-06), Justice S. Rajendra Babu (2007), Justice K.G. Balakrishnan (2010-15), Justice H.L. Dattu (2016-20), Justice Arun Kumar Mishra (2021-2024), Justice V. Ramasubramanian (23 December 2024 - present).
GANHRI (Global Alliance of National Human Rights Institutions) deferred NHRC’s A-status accreditation in May 2023, October 2023, May 2024 and May 2025 — citing political interference + lack of pluralism + Chair-appointment process. NHRC currently retains A-status pending final review — symbolic concern for India’s rights diplomacy.
UPSC angle
Know NHRC — STATUTORY body PROTECTION OF HUMAN RIGHTS ACT 1993 (PHRA) est 12 October 1993; HQ Manav Adhikar Bhawan New Delhi; PARIS PRINCIPLES 1991 UN basis for NHRIs; COMPOSITION (post 2019 amendment): Chairperson (retired CJI OR retired SC judge) + 1 SC judge member + 1 HC CJ member + 3 HR-experts (1 woman); 7 EX-OFFICIO members = Chairs of NCW+NCSC+NCST+NCBC+NCPCR+CCPD+NCM; APPOINTMENT by President on 6-member committee = PM (Chair) + Speaker LS + Dy Chair RS + LoP LS + LoP RS + Home Min; TERM 3 YEARS post 2019 amendment (was 5 yrs); REMOVAL President on misbehaviour by SC inquiry Sec 5; SEC 12 functions: suo motu inquiry, intervene in court, visit jails/lock-ups, review safeguards, promote research, HR literacy; LIMITATIONS: cannot inquire complaints > 1 year, RECOMMENDATORY ONLY, CANNOT proceed against ARMED FORCES (only seek report Sec 19), no jurisdiction over private parties (state only), concurrent SHRC; past Chairs Ranganath Misra 1993-96, M.N. Venkatachaliah, J.S. Verma, A.S. Anand, S. Rajendra Babu, K.G. Balakrishnan 2010-15, H.L. Dattu 2016-20, JUSTICE ARUN KUMAR MISHRA 2021-2024, JUSTICE V. RAMASUBRAMANIAN 23 DEC 2024+; GANHRI deferred A-status May 2023+Oct 2023+May 2024+May 2025.
Frequently asked questions
When was NHRC established?
On 12 October 1993 under the Protection of Human Rights Act 1993 (PHRA).
What is the term of NHRC Chairperson?
3 years (or until 70 years of age, whichever earlier) — reduced from 5 years by the PHR Amendment Act 2019.
Can NHRC investigate armed forces violations?
No — under Section 19 of PHRA, NHRC can only seek a report from the Central Government, not directly investigate the armed forces.
Who is the current NHRC Chairperson?
Justice V. Ramasubramanian — took office on 23 December 2024, succeeded Justice Arun Kumar Mishra.