The three vacancies are a judicial member, who has to be a judge or former judge of the Supreme Court, another judicial member, who is or was a Chief Justice of a high court, and a female member.
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ON Tuesday, a Supreme Court Bench comprising Chief Justice of India D.Y. Chandrachud and P.S. Narashima issued notice to the Union government on a petition seeking to fill three vacancies in the National Human Rights Commissions (NHRC).
The three vacancies are a judicial member, who has to be a judge or former judge of the Supreme Court, another judicial member, who is or was a Chief Justice of a high court, and a female member.
The three vacancies arose on September 11, 2021, January 4, 2023, and April 4, 2022, respectively.
The Bench was considering a public interest litigation filed by human rights activist Radhakanta Tripathy. It directed the government to file its response within three weeks.
The Protection of Human Rights Act, 1993 as amended in 2019, under which the NHRC was formed, provides that the Commission shall consist of:
(a) A chairperson who has been a 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) 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.
In addition to this, the chairpersons of the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights, the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes and the National Commission for Women, and the chief commissioner for Persons with Disabilities are ex-officio members of the commission.
As per Section 4 of the 1993 Act, the chairperson and the members are appointed by a 'high powered committee', which comprises the Prime Minister as its chairperson, the speaker of the Lok Sabha, the Union home minister, the leader of opposition in both houses of the Parliament and deputy chairman of Rajya Sabha as its members.
The commission has been vested with the power to inquire, suo motu or on a petition presented to it by a victim or any person on a victim's behalf, the violation of human rights or abetment thereof; or negligence in the prevention of such violation, by a public servant.