INDIAN CONSTITUTION AND HUMAN RIGHTS

(Compulsory Paper) for all U. G. Courses - Syllabus

Chapter 1: Indian Constitutional philosophy

a) Features of the Constitution and Preamble

b) Fundamental rights and Fundamental Duties
c) Directive Principals of State Policy

Chapter 2: Union and State Legislature, Executive and Judiciary

a) Union Parliament and State Legislature: Powers and functions

b) President, Prime Minister and council of ministers
c) State Governor, Chief Minister and Council of Ministers
d) The Supreme Court and High court: Powers and functions

Chapter 3: Concept and Development of Human Rights

a) Meaning, Scope and Development of Human Rights

b) United Nations and Human Rights- UNCHR
c) UDHR-1948, ICCPR 1996 and ICESER 1966

Chapter 4: Human Rights in India

a) Protection of Human Rights act, 1993(NHRC and SHRC)

b) First, Second and Third Generation Human Rights
c) Judicial activism and Human Rights
Unit-I
PREAMBLE AND EVOLUTION OF INDIAN CONSTITUTION
Preamble:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and a secure to all its
citizens:
JUSTICE, Social, economic and political;
LIBERTY - of Thought, expression, belief, faith and worship;
EQUALITY - of statues and of opportunity; and to promote among them all FRATERNITY
assuring the dignity of the individual and the Unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

1. The demand that India’s political destiny was to be determined by - Motilal Nehru report -
1928.
2. The Constituent Assembly was formed on 8th Dec 1946.
3. It was consist of 299 members.
4. The ‘Objective of Resolution’ moved by Pt. Nehru on 13th Nov 1946.
5. The Constitution was finally signed on 24th Nov 1949.
6. The constitution was adopted on 26th Nov 1949.
7. The Constitution started functioning on 26th January 1950.
8. The Chairman of the Constituent Assembly- Dr. Babu Rajendra Prasad.
9. The Chairman of the drafting Committee - Dr. B.R. Ambedkar.
10. The Chief Adviser- B N Rao.
11. The preamble starts with “We the People of India……..”
12. Our Constitution is the lengthiest and written Constitution.
13. Original constitution with - Articles -395, Chapters- 22 & Schedules- 08.
14. Presently it’s consist of - Articles -395, Chapters- 22 and Schedules- 22.
15. Till March 2018 the Constitution has been amended 93 times since 1950.
16. Constituent Assembly met for 166 days, - 2 years, 11 months & 18days.
17. Part I of Indian Constitution States that ‘India is a Union of states’.
18. Part II Of our Constitution deals about Citizenship.
19. Our Constitution is Barrowed Constitution.
 Sl No Country Subject
1. United Kingdom Parliament,
(UK/England) Speaker,
2. USA – America Vice-President, Fundamental Rights,
Written Constitution, Judicial Review,
3. Irish/ Ireland Directive Principles of State Policy –(DPSP)
4. Canada Federalism
5. Australia Concurrent list
6. Germany Emergency Provisions
7. South Africa Constitutional Amendment Procedure

FUNDAMENTAL RIGHTS PART III ARTICLES 12 – 36

 6 Fundamental Rights:
 Right to Equality
 Right to Freedom
 Right against to Exploitation
 Right to freedom of Religion
 Cultural and Educational Rights
 Right to Constitutional remedies
Right to Equality: (Article - 14 to 18)
1. Article 14 - All are equal before the law and Equal protection of law.
2. Article 15 - No discrimination - race, religion, sex, place of birth.
3. Article 16 - Equal opportunities in public places.
4. Article 17 - Untouchability
5. Article 18 - No tittle, except military and academic.
Right to Freedom: (Article - 19 to 22)
1. Article 19 - i) freedom of speech and expression;
ii) To assemble peacefully and without arms;
iii) To form an Associations or Union;
iv) To move freely throughout the territory of India;
v) To reside and settle in any part of the territory of India;
vi) To acquire, hold and dispose of property; and
vii) To practice any profession or carry on any occupation, trade or business.
2. Article 21- life or Personal Liberty.
Right to against to exploitation: (Article 23 - 24)
1. Article 23 - Traffic in human beings. Beggary or force labour.
2. Article 24 - No children blow the age of fourteen shall be employed in factory.
Right to Freedom of Education: (Article 25 – 28)
1. Article 25 - Secular, equal opportunity to all Religion.
2. Article 26 - freedom of religion -Charitable purpose, manage, Administration.
Cultural and Educational Rights: (Article 29 – 30)
1. Article 29 - Language, Script, or Culture of its own – Individual.
2. Article 30 - Minorities - religion or language.
Right to Constitutional Remedies: (Article 32- 32A)
1. Article 32- Writs - Supreme Court by appropriate proceedings.
Dr. B R Amberdkar Described that article 32 is the Heart and Soul of the constitution.
2. Article 32 A - Writ Petitions: a) Habeas Corpus (You have the Body)
b) Mandamus (We Command) c) Prohibition d) Certiorari and e) Quo Warrant

FUNDAMENTAL DUTIES: PART- IV A ARTICLE- 51 A

 The Fundamental duties not find a mention in the original Constitution of 1950.
 It was added in 1976 through the 42nd Constitutional amendment in part IV-A Article 51 A.
 Sardar Swarna Singh Committee was recommended 9 duties to Govt. of India but 10 duties
was added to constitution in the year 1976.
 11th Duty To provide opportunities for education to his child or ward between the ages
of Six to Fourteen years. (Added in 2002 Through 86 Constitutional Amendment Act).
Fundamental Duties are as follows:
 To abide by the constitution and respect its ideas and institutions, the national flag and
national anthem;
 To cherish and follow the noble ideas which inspired our national struggle for freedom;
 To uphold and protect the sovereignty, unity and integrity of India;
 To defend the country and render national service when called upon to do so;
 To promote harmony and spirit of common brotherhood amongst all the people of India
transcending religious, linguists, and regional or sectional diversities, to renounce practices
derogatory to the dignity of women;
 To value and preserve the rich heritage of our composite culture;
 To protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;
 To develop the scientific temper, humanism and the spirit of inquiry and reform;
 To safeguard public property and to abjure violence; and
 To strive towards excellence in all spheres of individual and Collective activity, so that the
nation constantly rises to higher levels of endeavor and achievement.
DIRECTIVE PRINCIPLES OF STATE POLICY PART IV
 Declaration (Object) ‘ Social, Political and Economic policy’
 Part IV, Article 37 to 52 - deals DPSP.
 General Category: i. Socialist, ii. Gandhian, iii. Liberal, iv. General/ Welfare
Socialist Principles:
1. Article 41- Right to work.
2. Article 42- Human conditions of work and for maternity relief.
3. Article 46 - Special care of the economic and educational interest of the weaker sections.
4. Article 47- Standard of living.
Gandhian Principles:
1. Villages and Local self-Government.
2. Educational and economic interest of the Harijans.
3. Promote cottage industries – rural areas.
4. Prohibition of Cattle, Including Cows and Calves.
Liberal Principles:
1. Uniform civil code - Art 44.
2. Compulsory education for period of 10 years.
3. Village panchayats, and endow - below 14 years of age.
4. Agriculture and Animal husbandry on modern and scientific lines.
General / Welfare Principles:
1. Article 49 – Public Monument, historic interest.
2. To develop the spirit of Inquiry and scientific temper among citizens.
3. Article 350- Minorities are thought in their mother tongue at primary.
4. Article 351- Spread Hindi language throughout India promote Unity in Diversity
Unit- II
Union Legislature -Parliament: Part V, Article 79 to 123, and chapter III & IV
 The Union legislature known as a ‘Parliament’ in India, Congress- USA, Federal Assembly-
Switzerland, National Assembly- France, Parliament- UK And Nepal, Pakistan, Afghanistan
– Parliament.
 The word ‘Parliament’ is derived from French word ‘Parlor’, which means ‘to talk’, ‘to
speak’.
 ‘There shall be a Parliament for the Union of India’ - Article 79.
 Bicameral System (Two Chambers) - A) Upper Chamber- Rajya Sabha (House of Councils)
B) Lower House- Lok Sabh a (House of Peoples)
 The Parliament meets 100 days in a year.
RAJYA SABHA:
1. Total Strength 250.
2. 238 elects from states and Union Territories (Region basis).
3. 12 nominates from President (Expert s like Art, Culture, Social Service etc.)
4. Permanent House but MPs will retire after six years of term.
5. The quorum of the House is 1/10 of its total membership.
6. 1/3 of the members retires every 2 years and
7. Re- Election eligible.

Qualifications:
1. Must be citizen of India.
2. Age of 30 years.
3. Other qualifications are fixed by parliament.
Salary: 50,000/ pm
 Presiding Officer- Vice President- ex-officio Chairman.
 He Holds office for a period of 5 years.
 Gap of 6 Months-Between two sittings (Article 85)
 Three Sessions-1.Budget session (Feb-May)
2. Monsoon session (July-Sept)
3. Winter session (Nov-Dec)
 Expect Financial / monetary bill – rest of all powers are equal to Lok sabha.
 A Money bill cannot originate in Rajya Sabha.
 It can be delay up to 14 days only.
 The Rajya Sabha shares - President and Vice-President Elections.
LOK SABHA:
 Lok Sabha is known as Lower house of Parliament, Popular House, the People House or
House of Representatives.
 Election – Universal Adult Franchise (Suffrage) 18 age.
 18 years – Min Age / 21 age before 1989 (61 Constitutional amendment act)
 The Present strength of Lok Sabha is 545.
 542 are elects from states and UTs among 545.
 2 are nominates from President from Anglo- Indians.
Qualifications:
1. Must be citizen of India.
2. Age of 25 years.
3. Other qualifications are fixed by parliament.
Salary: 50,000/ pm
Term - 5 Years
 Chandini Chowk is the Smallest Constituency with 4 lakh voters.
 Outer Delhi is the Biggest Constituency with 30 lakh voters.
 By resign addressing to the Speaker.
 Presiding officer of the House is Speaker & Deputy Speaker - 5 years.
 Speaker - spokesperson the House Lok Sabha.
 Speaker’s decisions cannot be questioned in a court of Law.
 In case of tie, Speaker has the right to cast a vote.
 He Presides over the Joint Sittings of the Parliament.
 Speaker who fixes the time limit for speech for every member.
Powers and Functions:
 Lok Sabha extends to all subjects under the UNION and CONCURRENT LIST.
 During emergency in operation its power also extend to state list also.
 Lok Sabha has equal powers of law making with Rajya Sabha except on financial matters
where the supremacy of Lok Sabha is total.
 Lok Sabha enjoys direct control executive because is directly responsible to the Lower
House.
 The soundest way of controlling the executive is by way of moving the ‘Non- Confidence
motion’.
 Both Raja sabha and lok Sabha equal powers regard to amending provisions of the
constitutions by 2/3 majority in both houses present and Voting.
 The Raja sabha and lok Sabha the highest constitutional functionaries such as the President
and Vice- President.
 LS along with RS sit for Impeachment- CAG, CVC and CEC.
SATAE LEGISLATURE (Karnataka):
 Similar to the legislature Art. 168 - Bicameral.
 Bicameral i) State Legislative Council (Vidhana Parishad).
ii) State Legislature Assembly. (Vidhana Sabha).
 State Legislature consist of Governor, CM and Council of Ministers.
 In India, the following state are Bicameral remain Unicameral - Karnataka, Andra Pradesh,
Maharastra, Uttar Pradesh, Telangana, Bihar, and Jammu & Kashmir.
 The creation or abolition of second chamber – Assembly decision.
VIDHANA PARISHAD: (STATE LEGISLATIVE COUNCIL)
 Partly elected and partly nominated members. Total 75.
 1/3 are elected from the Local bodies such as municipalities, and District Boards.
 1/3 are elected from the Members of the Legislative Assembly.
 1/12 are elected from the graduates from graduate’s constituency.
 1/12 are elected from the Teachers Constituency- School, College & University.
 1/6 are nominated by Governor- Experts like – Art, Science, Literature, etc.
Qualifications:
1. Must be citizen of India.
2. Age of 30 years.
3. Other qualifications are fixed by parliament.
Presiding Officer: - Chairman and Vice Chairman
 He Holds office for a period of 5 years.
 Gap of 6 Months-Between two sittings.
 Three Sessions-1.Budget session (Feb-May)
2. Monsoon session (July-Sept)
3. Winter session (Nov-Dec)
 Permanent House but MLCs will retire after six years of term.
 The quorum of the House is 1/10 of its total membership.
 1/3 of the members retires every 2 years and
 Re- Election eligible.
 No bill can become a law unless agreed upon by both Legislative Assembly & Council.

VIDHANA SABHA: (LEGISLATIVE ASSEMBLY):

 Vidhana Sabha is known as Lower house, Popular House, the People House or House of
Representatives.
 Election – Universal Adult Franchise (Suffrage) 18 age.
 18 years – Min Age / 21 age before 1989 (61 Constitutional amendment act)
 The Present strength of Vidhana Sabha is 225.
 224 are elects from Legislative Assembly Constituencies among 225.
 1 nominates from Governor from Anglo- Indians community.
Qualifications:
1. Must be citizen of India.
2. Age of 25 years.
3. Other qualifications are fixed by parliament.
Term - 5 Year
 By resign addressing to the Speaker.
 Presiding officer of the House is Speaker & Deputy Speaker - 5 years.
 Speaker - spokesperson the House Vidhana Sabha.
 Speaker’s decisions cannot be questioned in a court of Law.
 In case of tie, Speaker has the right to cast a vote.
 He Presides over the Joint Sittings.
 Speaker who fixes the time limit for speech for every member.
Powers and Functions:
 Vidhana Sabha and Parishad both extends to all subjects under the STATE LIST.
 Vidhana Sabha has equal powers of law making with Vidhana Parishad except on financial
matters where the supremacy of Vidhana Sabha is total.
 Vidhana Sabha enjoys direct control executive because is directly responsible to the Lower
House.
 The soundest way of controlling the executive is by way of moving the ‘Non- Confidence
motion’.
 The MLA (Elected) elects President and also electing members of Rajya Sabha, Legislative
Council.
UNION EXECUTIVE:
PRESIDENT:
 The union executive in India comprises of the President, PM, and Council of Ministers.
 The President – Head of the (State) Country – Nominal Executive.
 Art- 52 States “There shall be a President for the Union of India”.
 President along with RS & LS is a part of the Legislature.
 He is also Chief Executive Officer.
 Executive powers of the union shall be vested in the hands of President (Art- 53)
Qualifications:
1. Must be citizen of India.
2. Age of 25 years.
3. Other qualifications are fixed by parliament.
Election:
President elected indirectly by an “Electoral College” consisting members of –
1. MPs of Rajya Sabha and Lok Sabha- Elected.
2. The elected members of the State legislature Assemblies.
Term:
5 years, re-elect for second time, no contest in 3 rd time. Dr. Babu Rajendra Prasad was the only
President to hold the office thrice.
 If the office of the President falls vacant due to – i. Resignation
ii. Death and
iii. Removal.
 During vacant of the office the Vice- President will take over the office.
 Removal Procedure-Impeachment -2/3 majority of Parliament. Proven Misbehavior and
Inefficiency.
 Salary – 1, 50,000/PM salary, 5 Lakh pension per year.
 The salary & other benefits of the President is charged on the ‘Consolidated fund of India’
(CFI). ( Art – 267)
 “Rastrapathi Bhavan” official residence of President.
 Oath- in the Presence of Chief Justice of Supreme Court Art- 60.

Powers and functions:

 President may call for Joint Session of the both the Houses.
 He nominates 12 MPs to RS and 2 Anglo Indians to LS.
 He enjoys ‘Veto-Power’, no bill can become a law without the assent of the President. He
enjoys the power to withhold a bill.
 He appoints including PM, CVC, CAG, & CEC.
 He also appoints Chairman and members of UPSC, NHRC, BCC, NCW, SC, ST, Linguistic
Minorities Commission (LMC), Niti ayog, Finance Commission & other commissions on the
advice of PM and his council of ministers.
 President-Supreme Commander of the Armed Forces.
 He declares war or peace with Parliamentary approval.
 The Chief of Army, navy & Air Force are appointed by President.
 On the advice of PM and his council of ministers president will appoints & receive the
Ambassadors, High Commissioners and Diplomats.
 Emergency Provisions-under three circumstance –
1. National Emergency Art- 352.
2. State Emergency Art- 356 and
3. Financial Emergency Art-360.

PRIME MINISTER:
Art 75, states that PM will advise to President to appoint Council of Ministers.
The duties of PM are as follows;
1. Formation of Ministry.
2. Allocation of Portfolios.
3. Chairman of the Cabinet.
4. Leader of the Lok Sabha.
5. Leader of the Government.
6. Co-ordination and Supervision.
7. Bridge between the President & the Parliament.
8. Power of dissolution.
9. Power of Appointment. and
10. Special Powers.

STATE EXECUTIVE :( Karnataka)

State Executive Consist of Governor, CM & Council of Ministers.

GOVERNOR
 President for nation the governor is to state (Art-153).
 Qualification: 1) Must be a Citizen of India. 2) Age 35 years.
 Appointment- by President.
 Tenure – 5 years.
 Salary – 1, 10,000/PM.
 Oath- Presence of Chief Justice of High Court.
 Official Residence- Raj Bhavan

CHIEF MINISTER:
Art 164 states that there shall be a chief minister for state and with advice of CM the Governor
shall appoint the council of ministers.
The duties of CM are as follows;
1. Formation of Ministry.
2. Allocation of Portfolios.
3. Chairman of the Cabinet.
4. Leader of the Vidhana Sabha.
5. Leader of the Government.
6. Co-ordination and Supervision.
7. Bridge between the Governor & the State legislature.
8. Power of dissolution.
9. Power of Appointment. and
10. Special Powers.
JUDICIARY (Supreme Court and High Court):
‘Let a thousand culprits be acquitted, but not a Single innocent person be punished’.
“Judiciary in India- Single integrated Judicial System”

SUPREME COURT:
 SC of India was constituted in 1950. (Govt. of India of 1935, Act).
 SC is the guardian of the constitution.
 Composition: 26th Jan 1950- inaugurated, initially there were 7 Judges, at present it stands at
30 judges and 1 Chief Justice.
 Qualifications: 1) must be a citizen of India.
2) Distinguished Jurist in the opinion of President.
3) Served as Judge one or more High court for a 5 years.
Or served as an advocate in one or more High court 10 years.
 Appointment: by the President of India. Art 124.
 Term: 65 years or before attains – resignation to the President.
 Salary: through CFI- 1, 00,000/pm for CJI, 90,000/pm for other judges.
 Removal: Impeachment procedure, proven misbehavior or incapacity – Art- 124.

Powers and Functions:

The following powers and functions of the Supreme Court:
1. Guardian of the Constitution
2. Enforcement of Fundamental Rights
3. Defender of the Federal State
4. Original Jurisdictions
5. Appellate Jurisdiction
6. Advisory Jurisdiction
7. Power of Judicial Review
8. The Court of Records
9. Self-correcting Court
10. The Contempt of Court

HIGH COURT :( Karnataka)

 Composition: One Chief Justice & other judges are appointed by the president by time to
time.
 Qualifications: 1) must be a citizen of India.
2) Served as an advocate in one or more High court 10 years.
3) Held a Judicial office in India 10 years.
 Appointment: Chief Justice & other judges by the President of India.
 Term: 65 years or before attains – resignation to the President.
 Salary: 90,000/pm for CJ, 80,000/pm for other judges.
 Removal: Impeachment procedure, proven misbehavior or incapacity.

 The Constitution provides for two or more states having single High Court bench.
 Ex- Punjab, Haryana and Chandigarh – common high court seated by ‘Chandigarh’.
 Similarly of Assam, Manipur, Mizoram, Meghalaya, Nagaland, Tripura & Arunachala
Pradesh have a common High Court located at ‘Guwahati’

Powers and Functions:

The following powers and functions of the High Court:
1. Protection of Fundamental Rights
2. Original Jurisdictions
3. Appellate Jurisdiction
4. Power of Superintendence
5. The Court of Records
6. Self-correcting Court
7. The Contempt of Court
8. Control over subordinate court
9. Control over the establishment
Unit - III
HUMAN RIGHTS
According to D D Basu “human rights are those minimum rights which every individual must
have against the state or other public authority by virtue of his being a member of human family
irrespective of any other consideration”.
 Human beings are rational being and by being human they possess certain inalienable rights
which are commonly known as Human Rights.
 Human Rights a set of Universal Principles which seek to ensure the equal worth of each
individual life applicable to all people at all times and in all places.

UNITED NATIONS (UN) & HUMAN RIGHTS:

 The UNO came into existence after the failure of the LEAUGE OF NATIONS to prevent
the outbreak of another war.
 Human rights are those rights to which an individual’s is entitled by virtue of his status as a
human being.
 While, Civil, political & economic rights are defend on an individual’s status as a citizen of a
particular state, his human rights are not determined by this condition.

United Nations High Commissioner for Refugees (UNHCR):

 It was established 14th Dec 1950by UN General Assembly.
 Primary purpose is to safeguard the rights & well-being of refugees.
 The UNHCR provides protection to asylum seekers, children, women, internally displaced
people and stateless people.
 The UNCHR was awarded the Noble Prize in1954&1981- Twice.

UNIVERSAL DECLARATION OF HUMAN RIGHTS:

 The Universal Declaration, the Contemporary “Magna Cart of Rights” was one of the First
major achievement of UN in the field of Human Rights.
 The Declaration came into force on10th December 1948.
 The Universal Declaration of Human Rights (UDHR) adopted by the UNO on 10th
December, 1948 is committed to the protection of Human rights across the world.
 10th Dec – ‘World Human Rights day’.
 The human rights mentioned in the declaration are fundamental in moral sense and are
universal, indivisible, interdependent and interrelated.
 In the legal point of view, the declaration was only a recommendation; it is a Universal
Declaration of Human Rights.
 It consist of 30 Articles.
 The declaration set for the international community a common standard of achievement.
 It recognized the inherent dignity and equal and inalienable rights of all people in all nations.
 It’s the duty of the state regardless of their social, political and economic systems to promote
and respect and protect human rights.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS: (ICESCR-1976)

 On 16th Dec 1966 – Resolution.

 3rd January 1976 came onto force.
 The main focus on:
Self-determination,
Rights without discrimination,
Equal rights,
Equal opportunity,
Social Security,
Physical and mental health,
Education,
Free from hunger and
Cultural life.

INTERNATIONAL COVENANT ON CIVIL, AND POLITICAL RIGHTS: (ICCPR-1976)

 ICCPR was adopted by Un Gen. Assembly.

 On 16th Dec 1966 – Resolution.
 23rd March 1976 came onto force.
 The main objectives:
Economic, social and cultural development,
Public-Emergency-Life of Nation,
Right to life,
Eradication of slavery,
Right to liberty and security,
Freedom of moment,
Peaceful assembly,
Association and
Family- Women and men have equal right to marry.
Public affairs and
Ethnic, religious or linguistic minorities.
Unit-IV
HUMAN RIGHTS IN INDIA
 Human being are rational beings and by being human they possess certain inalienable rights
which are commonly known as human rights.
 Human rights are universal in the sense that it transcends race, religion, sex, ethnicity, type of
government etc.

PROTECTION OF HUMAN RIGHTS ACT, 1993 (NHRC & SHRC)

 Human rights are universal in the sense that it transcends race, religion, sex, ethnicity, types
of Government etc.
 Also, it is a gift of any government and can’t be removed or denied by the government of the
day.

HUMAN RIGHTS IN INDIAN CONSTITUTION:

Part –III Fundamental rights:
 Right to Equality (Art- 14-18)
 Right to Freedom (Art- 19-22)
 Right against to Exploitation(Art- 22-24)
 Right to freedom of Religion (Art- 25-28)
 Cultural and Educational Rights(Art- 29-30)
 Right to Constitutional remedies(Art- 32-32A)

NATIONAL HUMAN RIGHTS COMMISSION: (NHRC), 1993

The most important development in protecting human rights in India is the creation of the
National Human Rights Commission in 1993. Its autonomous body set up through an ordinance
promulgated by the President on 23th September, 1993.
Present Chairperson of NHRS is Justice H L Dattu
Composition:
The NHRC shall have a Chairman and four other members appointed by the President on
the recommendation of a body consisting of the Prime Minister, Union Home Minister, Deputy
Chairman of the Rajya Sabha, Speaker of the Lok Sabha, and the Leaders of the Opposition in
the both the Houses of Parliament.
Appointment of NHRC Members
A Selection Committee will recommend the candidates to the President.
The Selection Committee includes:
Prime Minister (Chairman)
Speaker of Lok Sabha
Union Home Minister
Deputy Chairman of Rajya Sabha
 Leaders of the Opposition in both Houses of the Parliamen
The National Human Rights Commission (NHRC) is composed of a Chairperson and eight
other members.
Those eight members are:
Four full-time members.
Four deemed members.
Members of NHRC
Chairman of NHRC Retired Chief Justice of India
Member 1 One who is/has been a Judge of Supreme Court of India
Member 2 One who is/has been a Chief Justice of a High Court
Two Members Candidates with the knowledge or practical experience in the matters of Human
Rights
Deemed Members (Ex-officio Members)
Deemed members are chairpersons of the below national commissions:
National Commission for Minorities
National Commission for Scheduled Castes
National Commission for Scheduled Tribes
National Commission for Women

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section
12 of the Protection of Human Rights Act, 1993 includes enquiry into complaints of violation of
human rights or negligence in the prevention of such violation by a public servant. The
Commission also studies treaties and international instruments on human rights and makes
recommendations for their effective implementation to the Government.
NHRC can investigate any complaints related to violation of Human Rights in India
either suo moto or after receiving a petition.
NHRC can interfere in any judicial process that involves any allegation of violation of
Human Rights.
It can visit any prison/institute under the control of the state governments to observe the
living conditions of inmates. It can further make recommendations based on its observations to
the authorities.
NHRC can review the provisions of the Constitution that safeguard Human Rights and
can suggest necessary restorative measures.
Research in the field of Human Rights is also promoted by the NHRC.
Human Rights awareness and literacy through different media are promoted by NHRC in
various sectors of society.
NHRC has the power to recommend suitable steps that can prevent violation of Human
Rights in India to both Central as well as State Governments.
The President of India gets an annual report from NHRC which is laid before both the
Houses of the Parliament.
Limitations of NHRC
It is important to know the limitations of NHRC.
They are mentioned below:
The Recommendations made by the NHRC are not binding.
Violation of Human rights by private parties cannot be considered under NHRC
Jurisdiction.
NHRC doesn’t have the power to penalize the authorities that don’t implement its
recommended orders.
3 of the NHRC members are judges which give the functioning of the Commission a
judicial touch.
The other members that are recommended by the Selection Committee may not
necessarily be Human Rights experts.
The NHRC does not consider the following cases:
Cases that are older than one year.
Cases that are anonymous, pseudonymous or vague.
Frivolous cases.
Cases pertaining to service matters.
The NHRC has limited jurisdiction over cases related to armed forces.
The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic
functioning style, etc.

Major Issues related to NHRC

Questions about NHRC in UPSC can also be asked in relation to the current affairs. So
aspirants should read about the major issues related to NHRC for UPSC exam. India faces
Human Rights violations on a large scale due to various reasons. The National Human Rights
Commission (NHRC) takes up most of the issues around the country. Some of them are
mentioned below:
Arbitrary arrest and detention
Custodial torture
Child labour
Violence and discrimination against women and children
Extrajudicial killings
Excessive powers
Sexual violence and abuse
LGBTQ community rights
SC/ST, disabled people and other religious minority issues
Labour rights and right to work
Conflict induced internal displacement and Manual scavenging
STATE HUMAN RIGHTS COMMISSION
 The Protection of Human Rights Act of 1993 provides for the creation of State Human
Rights Commission at the state level. A State Human Rights Commission can inquire into
violation of human rights related to subjects covered under state list and concurrent list in the
seventh schedule of the Indian constitution.
Composition:
Human Rights (Amendment) Act, 2006 consists of three members including a
chairperson. The chairperson should be a retired Chief Justice of a High Court.
The other members should be:
(i) A 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.
(ii) A person having practical experience or knowledge related to human rights.
The Governor of the state appoints the chairperson and other members on the
recommendations of a committee consisting of the Chief Minister as its head, the speaker of the
Legislative Assembly, the state home minister and the leader of the opposition in the Legislative
Assembly. The chairman and the leader of the opposition of legislative council would also be the
members of the committee, in case the state has legislative council.
The tenure of the chairperson and members is five years or until they attain the age of 70
years, whichever is earlier. After the completion of their tenure, they are not eligible for any
further employment under the state government or the central government. However, chairman
or a member is eligible for another term in the commission subject to the age limit.
Functions of the Commission:
According to the protection of Human Rights Act, 1993; below are the functions of State Human
Rights Commission:
(a) Inquire suo-motu or on a petition presented to it, by a victim, or any person on his be into
complaint of violation of human rights or negligence in the prevention of such violation by a
public servant.
(b) Intervene in any proceeding involving any allegation of violation of human rights before a
Court with the approval of such Court.
(c) Visit any jail or any other institution under the control of the State Government where
persons are detained to study the living conditions of the inmates and make recommendations
thereon.
(d) Review the safeguards provided by or under the constitution of any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation.
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures.
(f) Undertake and promote research in the field of human rights.
(g) Spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights.
(h) Encourage the efforts of Non-Governmental organizations and institutions working in the
field of human rights.
(j) Undertake such other functions as it may consider necessary for the promotion of human
rights.
Working of the Commission
• The commission is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any other authority
subordinate thereto.
It has the power to require any person subject to any privilege which may be claimed
under any law for the time being in force, to furnish information on points or matters useful for,
or relevant to the subject matter of inquiry. The commission can look into a matter within one
year of its occurrence.

First, Second and Third Generation Human Rights:

The division of human rights into three generations was initially proposed in 1979 by the
Czech Jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. His
primary root in European Law. Also his divisions follow the three watchwords of the French
revolution; LIBERTY, EUALITY and FRATERNITY.
First Generation Human Rights:
First generation of human rights called as “Blue” rights, deal essentially with liberty and
participation in political life. They are fundamentally CIVIL and POLITICAL in nature.
Civil Rights:
Ensuring the people’s physical and mental integrity,
Life and safety,
Individual rights to privacy,
Protection from discrimination,
Freedom of thought, conscience, speech and expression, and
The press, free assembly and movement.
Political Rights:
Natural Justice,
Rights, including the right to a fair; due process,
Freedom of association,
The right to petition,
The right to self-defense,
The right to vote, and
The rights of participation in society and politics.

Second Generation Human Rights:

 Second generation of human rights called as “Red” rights, they impose upon the
government the duty to respect and promote and fulfil depending on the availability of resources.
Member states have a legal obligation to respect, protect and fulfil economic, social and cultural
rights and are expected to take “progressive action” towards their fulfillment.
Economic, social and cultural rights are socio-economic human rights, such as:
The right to education,
Right to housing,
Right to adequate standard of living,
Right to health and
The right to science and culture.

Third Generation Human Rights:

Third generation of human rights called as “Green” rights.
Third-generation human rights are those rights that go beyond the mere civil and social,
as expressed in many progressive documents of international law.
The term “third-generation human rights” remains largely unofficial and has a broad spectrum of
rights including:
Group and collective rights,
Right to self-determination,
Right to economic and social development,
Right to natural environment,
Rights to communicate and communication rights,
Right to participation in cultural heritage, and
Right to intergenerational equity and sustainability.
Some countries have constitutional mechanisms for safeguarding third generation rights.
For example, the Hungarian Parliamentary, the Parliament of Finland’s committee for the future,
and the erstwhile Commission for future generations in the Knesset in Israel.
Judicial Activism and Human Rights:
Judicial Activism is not a distinctly separate concept from usual judicial activities. The
word ‘activism’ means “being active”, ‘doing things with decision’ and activist is the ‘one’ who
favours intensified activities. Justice Krishna Iyer observed ‘every judge is an activist either on
the forward gear or on the reverse’.
According to Black's Law Dictionary judicial activism is a “judicial philosophy which
motivates judges to depart from the traditional precedents in favour of progressive and new
social policies”.
Sometimes judges appear to exceed their power in deciding cases before the Court. They
are supposed to exercise judgment in interpreting the law, according to the Constitution. Judicial
activists, however, seem to exercise their will to make law in response to legal issues before the
Court.
The question of judicial activism is closely related to constitutional interpretation,
statutory construction and separation of powers.
Judges should act more boldly when making decisions on cases
1. Law should be interpreted and applied based on going changes in conditions and values.
2. As society changes and their beliefs and values change, courts should then make decisions in
cases reflect those changes.
Here, Indian Constitution, promulgated in 1950, largely borrowed its principles from
Western models – parliamentary democracy and an independent judiciary from England, the
Fundamental Rights from the Bill of Rights, and federalism from the federal structure in the U.S.
Constitution, and the Directive Principles from the Irish Constitution. These modern principles
and institutions were borrowed from the West and then imposed from above on a semi-feudal,
semi-backward society in India.
The early period of its creation the Indian Supreme Court was largely conservative and
not activist. In that period, which can broadly be said to be up to the time Justice Gajendragadkar
became Chief Justice of India in 1964, the Indian Supreme Court followed the traditional British
approach of Judges being passive and not activist. There were very few law creating judgments
in that period.
Justice Gajendragadkar, who became Chief Justice in 1964, was known to be very pro-
labour. Much of the Labour Law which he developed was judge made law e.g. that if a worker in
an industry was sought to be dismissed for a misconduct there must be an enquiry held in which
he must be given an opportunity to defend himself.
A few cases of judicial activism in India are as follows:
1. In 1967 the Supreme Court in Golakh Nath vs. State of Punjab, held that the fundamental
rights in Part III of the Indian Constitution could not be amended, even though there was
no such restriction in Article 368 which only required a resolution of two third majorities
in both Houses of Parliament.
2. In Kesavananda Bharati Supreme Court introduced doctrine of basic structure, i.e.
Parliament has power to amend without altering basic structure of the Constitution.
3. Supreme Court in Francis Coralie vs. Union Territory of Delhi held that the right to live
is not restricted to mere animal existence. It means something more than just physical
survival.
4. The ‘right to privacy’ which is a new right was read into Article 21 in R. Rajagopal vs.
State of Tamil Nadu. The Court held that a citizen has a right to safeguard the privacy of
his own, his family, marriage, procreation, motherhood, child bearing and education,
among other matters.
5. The right to food as a part of right to life was also recognised in Kapila Hingorani vs.
Union of India whereby it was clearly stated that it is the duty of the State to provide
adequate means of livelihood in the situations where people are unable to afford food.
The Court has also held that the right to safe drinking water is one of the Fundamental
Rights that flow from the right to life. Right to a fair trial, right to health and medical
care, protection of tanks, ponds, forests etc.