QUICK REVISION MODULE ( UPSC PRELIMS 2022) POLITY

NON-CONSTITUTIONAL
BODIES (Part – II)
National Human Rights Commission & State Human
Rights Commission

Protection of Human Rights

Act, 1993

NHRC SHRC
(Central Level) (State Level)

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 NOTE
Till date, not every Indian state has created a SHRC.
Protection of Human Rights (Amendment) Act 2019 was enacted in order to make NHRC more
inclusive and efcient in its functioning.

NHRC
Appointed by the President
based on the recommendation
of a Committee consisting of:
Chairperson - The Prime Minister
The Home Minister
The Leader of Opposition (L.S.)
Appointment The Leader of Opposition (R.S.)
The Speaker (L.S.)
The Deputy Chairman (R.S.)
SHRC
By Governor of the state based
on the recommendations of a
committee consisting of the
Chief Minister as its head,
Speaker of the Legislative
Assembly (LA),
State Home Minister and
Leader of Opposition in LA.
NOTE: For states having
Legislative Council, chairman
and leader of opposition in the
Council would also be the
members.

1. Chairperson (Chief Justice, or 1. Chairperson (retired Chief

a Judge of Supreme Court)
2. One member who is, or has
been, a Judge of the Supreme
Court of India or Chief Justice
of a High Court.
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Justice or Judge of High Court)
2. Members should be a
serving or retired judge of a
High Court or a District Judge
(minimum 7 years experience)

3. Three Members (having and a person having

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knowledge of, or practical knowledge or practical

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Composition
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experience in, matters relating experience with respect to

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to human rights) of which one human rights.

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must be woman.
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4. Ex-ofcio members, who are

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Chairpersons of NCSC, NCST,

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NCBC, NCW, NCPCR, and

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Chief Commissioner for

Persons with Disabilities.

Determined by the Central Determined by the Central

Government. Government.

Salaries, allowances
and pensions

Members of both NHRC and Members of both NHRC and

SHRC are appointed for a term SHRC are appointed for a term
of 3 years or till the age of of 3 years or till the age of
70 years, whichever is 70 years, whichever is
Term of Ofce earlier earlier

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 Members of both NHRC and Members of both NHRC and
SHRC are eligible for SHRC are eligible for
reappointment reappointment

Reappointment

Functions of NHRC and SHRC

Inquire into any violation of human rights or negligence in the prevention of such
violation by a public servant, either suo motu or on a petition.

Intervene in proceeding w.r.t. allegation on violation of HRs pending before

a court.

Visit jails and detention places to study living conditions & make recommendation.

Review constitutional and legal safeguards for protection of HRs.

Review the factors including acts of terrorism that inhibit the enjoyment of HRs.

Study treaties and other international instruments on HRs to recommend

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government on policy matters.

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Undertake and promote research in the eld of HRs.

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Spread HRs literacy among the people and promote awareness.

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Encourage efforts of NGOs working in the eld of human rights.

Undertake such other functions as it may consider necessary for promotion

of HRs.

Submits annual & special reports to central government

Resignation chairperson & members of NHRC & SHRC submit resignation

to president & Governor respectively

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 NOTE
A SHRC can inquire into violation of HRs only on subjects mentioned in the State List (List-II) and
the Concurrent List (List-III). However, if any such case is already being inquired into by the
NHRC or any other Statutory Commission, then the SHRC does not inquires into that case.

REMOVAL (chairperson and members of NHRC and SHRC) by the President

Is adjudged an insolvent; or On the ground of proved

misbehaviour/incapacity:
Engages during his term of ofce in any paid employment President has to refer the matter to
outside the duties of his ofce; or the Supreme Court (SC) for an
inquiry. If SC, after the inquiry,
Is unt to continue in ofce by reason of inrmity of mind upholds the cause of removal and
or body; or advises so, then the President can
remove the Chairman or a
Is of unsound mind and stands so declared by a member.
competent court; or

Is convicted & sentenced to imprisonment for an offence,

which in opinion of the President involves moral turpitude.

LOKPAL & LOKAYUKT

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The Lokpal and Lokayutas Act, 2013

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(To deal with complaints relating to corruption

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against certain public functionaries)

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Lokpal Lokayuktas
(Central Level) (State Level)

NOTE
1. The act extends to the whole of India.
2. It applies to public servants in and outside India
3. Lokayukta shall be established, constituted or appointed, as per a law made by the State
Legislature, within a period of one year from the date of start of the Lokpal and Lokayutas
Act, 2013.

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 LOKPAL

Composition:
1. Chairperson (CJI or is or has been a Judge of Supreme Court or an eminent person)
2. Maximum of 8 members( 50% - judicial members and 50% - from SC/ST/OBCs, minorities and
women)

Appointment: Two-stage process:

1. Search committee recommends a panel of names to the selection committee.
2. Selection committee (Prime Minister, Speaker of Lok Sabha, Leader of the Opposition, Chief
Justice of India (or his nominee) and an eminent jurist (nominated by President based on
recommendation of other members of panel).
President appoints from recommended names by warrant under his hand and seal.

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Term:
5 years or until the age of 70 years, whichever is earlier.

Reappointment: Not Allowed.

Exception: A member is eligible to be appointed as a Chairperson, if his total tenure as Member
and Chairperson does not exceed ve years.
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Restriction on employment after ceasing to hold ofce:

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1. Any diplomatic assignment, appointment as administrator of UTs, etc.

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2. Further employment to any other ofce of prot.

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3. Contesting any election (President, Vice-President, MP, MLA, Municipality, Panchayat) within a
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period of ve years from the date of relinquishing the post.

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Removal (By President on grounds that the member or chairperson)

1. Is adjudged an insolvent; or
2. Engages, during his term of ofce, in any paid employment outside the duties of his ofce; or
3. Is, in opinion of President, unt to continue by reason of inrmity of mind or body.
4. On grounds of misbehaviour (after Supreme Court report). For that a petition has to be signed
by at least one hundred MPs.

Jurisdiction of Lokpal
1. Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as
ofcials of the Union government under Groups A, B, C and D.
2. Chairpersons, members, ofcers and directors of any board, corporation, society, trust or
autonomous body either established by an Act of Parliament or wholly or partly funded by Centre.
3. Any society or trust or body that receives foreign contribution above 10 lakh.

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 Exceptions for Prime Minister
1. No Lokpal inquiry, if the allegation is regarding international relations, external and internal
security, public order, atomic energy and space.
2. Complaints are not to be probed unless full Lokpal bench considers the initiation of inquiry and
at least 2/3rds of the members approve it.
3. Inquiry (if conducted) is to be held in camera .
4. If Lokpal believes that the complaint deserves to be dismissed, then records of the inquiry are
not to be published or made available to anyone.

Salaries, allowances and service conditions

1. Chairperson - Same as those for the CJI;
2. Other members - Same as those for a judge of SC.

Expenditure:
Charged upon Consolidated Fund of India

Functions:
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1) Cases referred to CBI by Lokpal:

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Power of superintendence and direction.

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Transfer of ofcers of CBI investigating these cases would need approval of the Lokpal.
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2) It has two wings:

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Inquiry Wing for conducting preliminary inquiry.

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Prosecution Wing for prosecution of public servant.

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3) Time Limit for CBI to complete:

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Inquiry - 60 days
Investigation - 6 months. (Can be extended by the Lokpal on a written request from CBI)
4) Lokpal has power to attach and conscate property.
5) Establish Special Court for cases referred by Lokpal.
6) Submits annual reports to President to be presented before Parliament.

Issues:
1) No power of prior sanction for enquiry and investigation.
2) Not to inquire into any complaint made after seven years from the date on which the
offence was committed.
3) Does not have authority of taking suo moto cognizance.

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 Nation Commission on Minorities (NCM)

1978
1978 1978 1988 1993

Minorities
Minorities Minorities Ministry of Welfare Via. National
Commission
Commission Commission resolution Commission of
was
was created
created detached from excluded linguistic Minorities Act
Based
Based onon MHA and placed minorities from 1992, NCM was
Ministry
Ministry of
of Home
Home under newly Commission’s created.
Affairs Resolution
Affairs Resolution created Ministry jurisdiction Currently under
(MHA)
(MHA) of Welfare Ministry of
Minorities Affairs

Religious Communities:
Muslims, Christians, Sikhs, Buddhists, Jains and Zoroastrians (Parsis).

Composition:
7 persons (Chairperson, Vice- Chairperson and 5 Members) - nominated by the Central
Government from amongst persons of eminence, ability and integrity.
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Term:
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3 Years
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Salaries and allowances:

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Paid out of the grants by central government.

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Reports:
Submits report to the central government to be presented before the Parliament.

Removal:
Central Government shall remove Chairperson or member if that person:
1. Is declared undischarged insolvent; or
2. Is convicted and sentenced to imprisonment for an offence which involves moral turpitude; or
3. Is of unsound mind and stands so declared by a competent court; or
4. Refuses to act or becomes incapable of acting; or
5. Is absent from three consecutive meetings of the Commission; or
6. Has abused the position of Chairperson or Member.

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 Functions:
1) Evaluation of progress of the development of minorities under Union and States.
2) Monitoring of the working of the safeguards for minorities.
3) Making recommendations for the effective implementation of safeguards.
4) Looking into specic complaints regarding deprivation of rights and safeguards
5) Getting studies to be undertaken into the problems arising out of any discrimination against
minorities and recommending measures for their removal.
6) Conducting studies, research and analysis on the issues relating to socio-economic and
educational development of minorities.
7) Suggesting appropriate measures in respect of any minority.
8. Making periodical or special reports to the Central Government.

Nation Commission for Protection of Child Rights (NCPCR)

The Commission
for Protection
of Child Rights
Act, 2005
National State
Commission Commissions
for Protection for Protection
of Child Right
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of Child Right
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(NCPCR) (SCPCR)
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Children's
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Courts
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(Constituted by
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state govt in
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concurrence with
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State High Court

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at State & district

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level )
Composition:
1. Chairperson (person of eminence and has done outstanding work for promoting the welfare of
children).
2. Six Members (at least two shall be women), having experience in education; child health,
care, welfare or child development; juvenile justice or care of neglected or marginalized children or
children's with disabilities; elimination of child labour or children in distress; child psychology or
sociology, and laws relating to children.

Appointment:
By the Central Government.
NOTE: Chairperson shall be appointed on the recommendation of a three member Selection
Committee constituted by the Central Government under the Chairmanship of the Minister in-
charge of the Ministry of Human Resource Development.

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 Term:
1. Chairperson – 3 years or 65 years of age, whichever is earlier.
2. Members - 3 years or 60 years of age, whichever is earlier.

NOTE:
1. No Chairperson or a Member shall hold the ofce for more than two terms
2. In case of vacancy by death or resignation, central govt appoints persons only for remaining term

Salary and Allowances:

Determined by Central Government

Reports:
Submits report to central government to be presented before the parliament.

Removal:

Central Government shall remove Chairperson or member if that person:

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1. Is declared undischarged insolvent; or

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2. Is convicted and sentenced to imprisonment for an offence which involves moral turpitude; or
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3. Is of unsound mind and stands so declared by a competent court; or

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4. Refuses to act or becomes incapable of acting; or

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5. Is absent from three consecutive meetings of the Commission; or

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6. Has abused the position of Chairperson or Member.

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On the ground of proved misbehaviour or incapacity.

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Functions:

1. Examine and review the safeguards provided for the protection of child proceedings.
2. Inquire into violation of child rights and recommend initiation of
3. Examine all factors that inhibit the enjoyment of rights of children affected by terrorism,
communal violence, riots, natural disaster, etc.
4. Look into the matters relating to children in need of special care and protection
5. Study treaties and other international instruments and make in the best interest of children.
6. Undertake and promote research in the eld of child rights.
7. Spread child rights literacy.
8. Inspect juvenile custodial home, or any other place of residence or institution meant for children.

FOR DETAILED ENQUIRY, PLEASE CALL:

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Vision IAS
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