Constitution of the Commission
The NHRC Commission shall consist of:
- A Chairperson who has been a Chief Justice of the Supreme Court;
- One Member who is or has been, a Judge of the Supreme Court;
- One Member who is, or has been, the Chief Justice of a High Court;
- Two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to Human Rights.
There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission [except judicial functions and the power to make regulations under section 40 B], as may be delegated to him by the Commission or the Chairperson as the case may be.
The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.
Appointment of Chairperson and other Members
The Chairperson and the Member shall be appointed by the President by warrant provided that every appointment shall be made after obtaining the recommendations of a Committee consisting of:
- The Prime Minister — Chairperson
- Speaker of the House of the People — Member
- Minister in-charge of the Ministry of Home Affairs in the Government of India — Member
- Leader of the Opposition in the House of the People — Member
- Leader of the Opposition in the Council of States — Member
- Deputy Chairman of the Council of States — Member
Provided that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.
No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy of any member in the Committee.
Resignation and removal of Chairperson and Members
The Chairperson or any Member may, by notice in writing addressed to the President of India, resign his office, subject to the provisions that the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed.
The President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, may be–
- Is adjudged an insolvent.
- Engages during his term of office in any paid employment outside the duties of his office; or
- is unfit to continue in office by reason of infirmity of mind or body; or
- is of unsound mind and stands so declared by a competent court; or
- is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.