Indian Polity — Non-Constitutional/Statutory Bodies: NHRC, SHRC & CBI
1. National Human Rights Commission (NHRC)
Establishment
- By an Act of Parliament — Protection of Human Rights Act, 1993.
Major Objective
- It was established to protect and promote human rights in India.
- It is responsible for reviewing and addressing human rights violations and making recommendations for the protection and promotion of human rights.
Composition
- Chairperson, five full-time members, and seven ex-officio members.
Qualifications
- Chairperson: Retired CJI or Judge of the Supreme Court.
- Members:
- Serving or retired judge of Supreme Court
- Serving or retired Chief Justice of a High Court
- 3 others (at least one woman) having knowledge or practical experience of human rights
Appointment
- The Chairperson and members of the NHRC are appointed by the President of India, based on the recommendations of a six-member committee consisting of:
- Prime Minister (As its head)
- Speaker of the Lok Sabha
- Central Home Minister
- Leader of the Opposition (Lok Sabha)
- Leader of the Opposition (Rajya Sabha)
- Deputy Chairman (Rajya Sabha)
Tenure
- Three years or till the age of seventy years, whichever is earlier (for both the Chairperson and Members).
- After their tenure, the Chairperson and members are not eligible for further employment under the Central or state government.
Removal
- The Chairperson or any other Member of the Commission shall be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the inquiry of the Supreme Court.
- The President also, by order, removes from office the Chairperson or any other Member if:
- Is adjudged an insolvent
- Engages during his term of office in any paid employment outside the duties of his office
- Is unfit to continue in office by reason of infirmity of mind or body
- Is of unsound mind and stands so declared by a competent court
- Is convicted and sentenced to imprisonment for an offence which, in the opinion of the President, involves moral turpitude
NHRC — KEY FACTS
- Act: Protection of Human Rights Act, 1993
- Composition: Chairperson + 5 full-time members + 7 ex-officio members
- Chairperson Qualification: Retired CJI or SC Judge
- Appointment: President (on recommendation of 6-member committee headed by PM)
- Tenure: 3 years or 70 years
- Removal: President — SC enquiry for misbehaviour
2. State Human Rights Commission (SHRC)
Establishment
- By an Act of Parliament — Protection of Human Rights Act, 1993.
Composition
- The State Commission shall consist of a Chairperson and 2 members.
Qualifications
- Chairperson: Retired Chief Justice or a Judge of a High Court.
- Member:
- Serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge
- A person having knowledge or practical experience with respect to human rights
Appointment
- The Chairperson and other Members shall be appointed by the Governor after obtaining the recommendation of a Committee consisting of:
- The Chief Minister (As its head)
- Speaker of the Legislative Assembly
- The State Home Minister
- Leader of the Opposition in the Legislative Assembly
- In the case of a state having a Legislative Council, the Chairman of the Council and the Leader of the Opposition in the Council would also be the members of the committee.
Tenure
- Three years or till the age of seventy years, whichever is earlier (for both the Chairperson and Members).
- After their tenure, the Chairperson and members are not eligible for further employment under the Central or state government.
Removal
- The Chairperson or any other Member of the Commission shall be removed from his office by order of the President on similar grounds as that of the Chairperson and members of the NHRC.
SHRC — KEY FACTS
- Act: Protection of Human Rights Act, 1993
- Composition: Chairperson + 2 members
- Chairperson Qualification: Retired HC Chief Justice or HC Judge
- Appointment: Governor (on recommendation of committee headed by CM)
- Tenure: 3 years or 70 years
- Removal: President (similar grounds as NHRC)
3. Central Bureau of Investigation (CBI)
Establishment
- Established in 1963 by a resolution of the Ministry of Home Affairs, Government of India.
- The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946.
Major Objective
- It is the premier investigating police agency in India.
- It functions under the superintendence of the Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India — which falls under the Prime Minister's Office.
- However, for investigation of offences under the Prevention of Corruption Act, CBI vests superintendence to the Central Vigilance Commission.
Composition
- The CBI is headed by a Director. He/She is assisted by Special Director(s) and Additional Director(s).
Appointment
- The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of:
- Prime Minister as Chairperson
- Leader of Opposition in the Lok Sabha
- Chief Justice of India or Judge of the Supreme Court nominated by him/her
CBI — KEY FACTS
- Established: 1963 (by MHA resolution)
- Status: Not a statutory body — derives power from Delhi Special Police Establishment Act, 1946
- Role: Premier investigating police agency
- Superintendence: Dept. of Personnel (PMO)
- For Corruption Cases: Superintendence vests with CVC
- Appointment of Director: 3-member committee (PM + LoP + CJI/SC Judge)
4. Comparison — NHRC vs SHRC
| Feature | NHRC | SHRC |
|---|---|---|
| Act | Protection of Human Rights Act, 1993 | |
| Composition | Chairperson + 5 full-time + 7 ex-officio | Chairperson + 2 members |
| Chairperson Qualification | Retired CJI or SC Judge | Retired HC Chief Justice or HC Judge |
| Appointing Authority | President (6-member committee headed by PM) | Governor (committee headed by CM) |
| Tenure | 3 years or 70 years | |
| Removal | President — SC enquiry for misbehaviour | President — similar grounds as NHRC |
| Further Employment | Not eligible after tenure | |
5. Summary: Non-Constitutional Bodies at a Glance
| Body | Establishment | Nature | Appointment | Tenure |
|---|---|---|---|---|
| NHRC | 1993 (Act) | Statutory | President (6-member committee) | 3 yrs / 70 yrs |
| SHRC | 1993 (Act) | Statutory | Governor (committee headed by CM) | 3 yrs / 70 yrs |
| CBI | 1963 (MHA resolution) | Non-statutory | Government (3-member committee: PM + LoP + CJI) | - |
Key Takeaways for UPSC
- NHRC: Protection of Human Rights Act, 1993 — Chairperson: Retired CJI/SC Judge — President appoints (6-member committee headed by PM) — 3 yrs / 70 yrs — Not eligible for further employment
- SHRC: Protection of Human Rights Act, 1993 — Chairperson: Retired HC Chief Justice/Judge — Governor appoints (committee headed by CM) — 3 yrs / 70 yrs — Not eligible for further employment
- CBI: 1963 (MHA resolution) — Not statutory (derives power from Delhi Special Police Establishment Act, 1946) — Premier investigating agency — Director appointed by 3-member committee (PM + LoP + CJI/SC Judge)
- NHRC Appointment Committee: PM, Speaker, Home Minister, LoP (LS), LoP (RS), Deputy Chairman (RS)
- SHRC Appointment Committee: CM, Speaker, Home Minister, LoP (Assembly) + (Chairman & LoP of Council if applicable)
High-Yield Interactive UPSC Quiz (Non-Constitutional Bodies)
Q1. The National Human Rights Commission (NHRC) was established under which Act?
Correct Answer: B. The NHRC was established by the Protection of Human Rights Act, 1993.
Q2. The Chairperson of the NHRC must be a:
Correct Answer: B. The Chairperson of the NHRC must be a retired Chief Justice of India or a Judge of the Supreme Court.
Q3. The NHRC Chairperson and members are appointed by:
Correct Answer: B. The Chairperson and members of the NHRC are appointed by the President of India based on the recommendations of a six-member committee.
Q4. How many members are there in the NHRC appointment committee?
Correct Answer: C. The NHRC appointment committee consists of 6 members: PM, Speaker, Home Minister, LoP (LS), LoP (RS), and Deputy Chairman (RS).
Q5. The tenure of NHRC Chairperson and members is:
Correct Answer: B. The Chairperson and members of the NHRC hold office for three years or till the age of seventy years, whichever is earlier.
Q6. The State Human Rights Commission (SHRC) consists of:
Correct Answer: B. The State Human Rights Commission consists of a Chairperson and 2 members.
Q7. The CBI was established in which year?
Correct Answer: C. The Central Bureau of Investigation (CBI) was established in 1963 by a resolution of the Ministry of Home Affairs.
Q8. The CBI is NOT a statutory body. It derives its power from:
Correct Answer: C. The CBI derives its power to investigate from the Delhi Special Police Establishment Act, 1946.
Q9. The Director of CBI is appointed on the recommendation of a three-member committee consisting of:
Correct Answer: B. The Director of CBI is appointed by the Central Government on the recommendation of a three-member committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India or a Supreme Court Judge nominated by him/her.
Q10. After the tenure of NHRC Chairperson and members, they are:
Correct Answer: C. After their tenure, the Chairperson and members of the NHRC are not eligible for further employment under the Central or state government.