Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known
as the National Human Rights Commission to exercise the powers conferred
upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall consist of:
(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b) one Member who is or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons
having knowledge of, or practical experience in, matters relating to human rights.
(3) The Chairperson of the National Commission for Minorities,
[the National Commission for the Scheduled Castes, the National Commission
for the Scheduled Tribes] and the National Commission for Women shall
be deemed to be Members of the Commission for the discharge of functions
specified in clauses (b) to (j) of section 12.
(4) 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.
(5) 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:
(1) The Chairperson and [the Members] shall be appointed by the
President by warrant under his hand and seal;
Provided that every appointment under this sub-section shall be made
after obtaining the recommendations of a Committee consisting of–
(a) The Prime Minister — Chairperson
(b) Speaker of the House of the People — Member
(c) Minister in-charge of the Ministry of Home Affairs in the
Government of India — Member
(d) Leader of the Opposition in the House of the People — Member
(e) Leader of the Opposition in the Council of States — Member
(f) Deputy Chairman of the Council of States — Member
Provided further 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.
(2) No appointment of a Chairperson or a Member shall be invalid
merely by reason of any [vacancy of any member in the Committee referred
to in the first proviso to sub-section (1)].
Resignation and removal of Chairperson and Members
(1) The Chairperson or any Member may, by notice in writing under
his hand addressed to the President of India, resign his office.
(2) Subject to the provisions of sub-section (3), 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 in that behalf by
the Supreme Court, reported that the Chairperson or the Member, as the
case may be, ought on any such ground to be removed.
(3) Notwithstanding anything in sub-section (2), the President may,
by order, remove from office the Chairperson or any Member if the
Chairperson or such Member, as the case may be–
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which
in the opinion of the President involves moral turpitude.
Term of office of Chairperson and Members
(1) A person appointed as Chairperson shall hold office for a term
of five years from the date on which he enters upon his office or until he
attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term
of five years from the date on which he enters upon his office and shall
be eligible for re-appointment for another term of five years.
Provided that no Member shall hold office after he has attained the
age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be
ineligible for further employment under the Government of India or under
the Government of any State.
Member to act as Chairperson or to discharge his functions
in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the President may, by notification, authorise one of the Members to act as the
Chairperson until the appointment of a new Chairperson to fill such
vacancy.
(2) When the Chairperson is unable to discharge his functions owing
to absence on leave or otherwise, such one of the Members as the President
may, by notification, authorise in this behalf, shall discharge the functions
of the Chairperson until the date on which the Chairperson resumes his duties.
Terms and conditions of service of Chairperson and Members
The salaries and allowances payable to, and other terms and
conditions of service of, the [Chairperson and] Members shall be such as
may be prescribed.
Provided that neither the salary and allowances nor the other terms
and conditions of service of [the Chairperson or] a Member shall be varied
to his disadvantage after his appointment.]
Vacancies, etc., not to invalidate the proceedings of the Commission
No act or proceedings of the Commission shall be questioned or shall
be invalidated merely on the ground of existence of any vacancy or defect
in the constitution of the Commission.
Procedure to be regulated by the Commission
(1) The Commission shall meet at such time and place as the
Chairperson may think fit.
(2) Subject to the provisions of this Act and the rules made
thereunder, the Commission shall have the power to lay down by regulations
its own procedure.
(3) All orders and decisions of the Commission shall be authenticated
by the Secretary-General or any other officer of the Commission duly
authorised by the Chairperson in this behalf.
11. Officers and other staff of the Commission
(1) The Central Government shall make available to the Commission:
(a) an officer of the rank of the Secretary to the Government
of India who shall be the Secretary-General of the
Commission; and
(b) such police and investigative staff under an officer not
below the rank of a Director General of Police and such
other officers and staff as may be necessary for the efficient
performance of the functions of the Commission.
(2) Subject to such rules as may be made by the Central Government
in this behalf, the Commission may appoint such other administrative,
technical and scientific staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers
and other staff appointed under sub-section (2) shall be such as may be
prescribed.
The Programmes in pursuance of Supreme Court Remit are :
Abolition of Bonded Labour Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior Functioning of the Government Protective Home (Women), Agra Right to Food Other Programmes and Human Rights issues taken up by the Commission include :-
Review of the Child Marriage Restraint Act, 1929 Protocols to the Convention on the Rights of the Child Preventing Employment of Children by Government Servants: Amendment of Service Rules Abolition of Child Labour
No comments:
Post a Comment