Non-Constitutional Bodies National Human Rights Commission of India

Non- Constitutional Bodies or Extra Constitutional Bodies are formed by the government’s action and not defined in the constitution of India. These bodies are formed as per the country’s requirements and can be abolished by the executive if needed. The national human rights commission is one of the bodies in non-constitutional bodies. It is a statutory body which was established in 1993. The national human rights commission of India is also called the Watchdog of human rights in the country because it looks after the rights given to the citizens of India and protects them.

Non-constitutional bodies

A non-constitutional body derives its authority from corresponding laws passed by the Indian Parliament instead of from the Indian Constitution. There are various non-constitutional bodies in India, including National Human Rights Commision

There are broadly two classifications of non-constitutional bodies –

Statutory Bodies: A body or organisation associated with some officially written rules.

Non-Statutory Bodies: A body or organisation not related to any set of rules or no laws regulating that organisation. 

Structure of National Human Rights Commision of India :

The national human rights commission of India is a multi-member body consisting of a chairperson and four full-time members.

• Chairperson

  • A retired Chief Justice of the Supreme Court can be a chairperson of NHRC.
  • As per the Amendment Act, 2019 a retired judge of the Supreme Court can be appointed, as per the chairperson of NHRC.

• Members

Following are the members of the National human rights commission of India:

• A Member of NHRC can be a current as well as retired judge of the Supreme Court.
• A currently working as well as the retired chief justice of a High Court can be a member of NHRC
• Any two people who had the knowledge and practical experience in human rights.
• The Amendment Act 2019 increases the members having knowledge of human rights from two to three, out of which one must be a woman. 

• In addition, the Commission also has X officio members:
  • The chairperson of the National Commission for minorities.
  • The chairperson of the National Commission of SCs
  • The chairperson of the National Commission of STs.
  • The chairperson of the National Commission for Women. 
  • Amendment Act 2019 added three more ex officio members:
    • Chairperson of the National Commission for backward classes. 
    • Chairperson of the National Commission for Protection for  Child Rights.
    • Chief Commissioner for Persons with disabilities

Appointment of the  Members of NHRC:

President appoints the chairperson and members of the recommendations of a six-member committee consisting of:

• The Prime Minister as its head.
• The speaker of the Lok sabha
• The deputy chairman of the Rajya Sabha. 
• Leaders of the opposition in both the houses of the parliament.
• The Central home minister.

Removal of the  Members of NHRC:

Only the President can remove the members and Chairperson of the national human rights commission of India. The President can remove them from the office on the grounds of:

• Bankruptcy
• Unsound mind
• Infirmity of body or mind
• Sentenced to imprisonment for a crime
• Engages in paid employment.

The removal is also done on the charges of proved misbehaviour or incapacity if the Supreme court’s enquiry finds so.

Functions and Powers of NHRC:

Following are the powers and functions performed by the National Human Rights Commision of India:

• Investigates grievances regarding the violation of human rights.
• It can take action. Su Moto. (On its own.) But after receiving a petition.
• It has all the powers of a Civil Code, and its proceedings have a judicial character.
• It can visit any jail or any other institution to see the living conditions of the inmates.
• It recommends Payment of compensation for damages to the victim.
• It recommends action against the guilty public servant. 
• Provides annual or special reports to the government.
• Barnes was there. Undertakes and promotes research in the field of human rights.

Limitations of National Human Rights Commission:

• It does not have its own mechanism of investigation. It is dependent on central and state governments to investigate the cases.
• It is only recommendatory in nature.
• It has no power to enforce decisions or give punishment. 
• Considered as post-retirement destinations for judges and bureaucrats.
• There is an inadequacy of funds in NHRC.
• If more than one year passes after the incident, it cannot investigate the complaint registered.
• It has a limited role in the armed forces.

Conclusion:

An organisation or institution not mentioned in the Constitution of India is known as a Non-Constitutional Body. It does not derive powers from the Indian Constitution but the corresponding laws on Indian Government Orders. In this article, we discussed the National Human Rights Commission of India as it is a statutory body under non-constitutional bodies. We have discussed the structure, functions, limitations and appointment and removal of the chairperson and the members of the national human rights commission of India. It mainly focuses on the representation and protection of human rights in our nation.