New Delhi, Dec 23 After being without a regular designated head for over six months, the Centre on Monday cleared the appointment of retired Supreme Court judge Justice V. Ramasubramanian as the Chairperson of the National Human Rights Commission (NHRC).
Under the Protection of Human Rights (PHR) Act, 1993, the apex human rights body consists of a Chairperson, five full-time members and seven deemed members.
NHRC has been waiting for a full-time Chairperson since June 1, after former Supreme Court judge and the eighth Chairman of the rights panel, Justice Arun Mishra, retired on completion of his tenure in office.
Since then, NHRC has been functioning with just one member in five positions, Vijaya Bharathi Sayani, also the Acting Chairperson.
As per Sections 2, 3 and 4 of the PHR Act, the Chairman and other members are appointed by the President upon the recommendation of a committee consisting of the Prime Minister (who serves as the committee’s Chairperson), Home Minister, Leaders of the Opposition in both Houses of the Parliament, the Speaker of Lok Sabha and the Deputy Chairman of Rajya Sabha.
The qualification of the NHRC Chairperson is that he should either have been a Chief Justice of India or a judge of the Supreme Court.
Besides Chairperson, NHRC consists of five other members other than the ex-officio members. One member is, or has been a judge of the apex court and one member is, or has been the Chief Justice of a High Court. Out of the remaining three members selected for their professional experience in matters centred on human rights, at least one must be a woman.
The ex-officio members include the Chairpersons of National Commissions -- National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women, National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; as well as the Chief Commissioner for Persons with Disabilities.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed to the post only after consultation with the Chief Justice of India.
The tenure of the NHRC Chairman is five years or until the Chairman turns 70 years -- whichever is earlier.
The statutory body of NHRC came into being on October 12, 1993, under the Protection of Human Rights Ordinance of September 28, 1993.
The NHRC is entrusted with the protection and promotion of human rights, which the Act defines as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India".
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