3. 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 3
[Chief Justice of India or a Judge] 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) 4
[three Members out of which at least one shall be a woman] to be appointed from amongst
persons having knowledge of, or practical experience in, matters relating to human rights.
(3) The Chairpersons of the 5
[the National Commission for Backward Classes, the National
Commission for Minorities, the National Commission for Protection of Child Rights],
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[the National
Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the 7
[the
National Commission for Women and the Chief Commissioner for Persons with Disabilities] shall be
deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of
section 12.
1. Ins. by Act 19 of 2019, s. 2 (w.e.f. 2-8-2019).
2. Subs. by Act 43 of 2006, s. 2, for clause (i) (w.e.f. 23-11-2006).
3. Subs. by Act 19 of 2019, s. 3, for “Chief Justice” (w.e.f. 2-8-2019).
4. Subs. by s. 3, ibid., for “two Members” (w.e.f. 2-8-2019).
5. Subs. by s. 3, ibid., for “National Commission for Minorities” (w.e.f. 2-8-2019).
6. Subs. by Act 43 of 2006, s. 3, for “the National Commission for the Scheduled Castes and Scheduled Tribes”
(w.e.f. 23-11-2006).
7. Subs. by Act 19 of 2019, s. 3, for “National Commission for Women” (w.e.f. 2-8-2019).
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(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission
and 1
[shall, subject to control of the Chairperson, exercise all administrative and financial powers (except
judicial functions and the power to make regulations under section 40B)].
(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.
4. Appointment of Chairperson and other Members.—(1) The Chairperson and 2
[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—
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
3
[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].
4
[5. 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.]
1. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019).
2. Subs. by Act 43 of 2006, s. 4, for “other Members” (w.e.f. 23-11-2006).
3. Subs. by s. 4, ibid., for “vacancy in the Committee” (w.e.f. 23-11-2006).
4. Subs. by s. 5, ibid., for section 5 (w.e.f. 23-11-2006).
(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:
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1
[6. Term of office of Chairperson and Members.—(1) A person appointed as Chairperson shall
hold office for a term of 2
[three years] from the date on which he enters upon his office or until he attains
the age of seventy years, whichever is earlier 3
[and shall be eligible for re-appointment].
(2) A person appointed as a Member shall hold office for a term of 2
[three years] from the date on
which he enters upon his office and shall be eligible for re-appointment 4
***:
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.]
7. 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.
5
[8. Terms and conditions of service of Chairperson and Members.—The salaries and allowances
payable to, and the 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.]
9. 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.
10. Procedure to be regulated by the Commission.—(1) The Commission shall meet at such
time and place as the Chairperson may think fit.
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[(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.
1. Subs. by Act 43 of 2006 s. 6, for section 6 (w.e.f. 23-11-2006).
2. Subs. by Act 19 of 2019, s. 4, for “five years” (w.e.f. 2-8-2019).
3. Ins. by s. 4, ibid (w.e.f. 2-8-2019).
4. The words “for another term of five years” omitted by Act 19 of 2019, s. 4 (w.e.f. 2-8-2019).
5. Subs. by Act 43 of 2006, s. 7, for section (8) (w.e.f. 23-11-2006).
6. Subs. by s. 8, ibid., for sub-section (2) (w.e.f. 23-11-2006).
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(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.