Section 3 in The Protection of Human Rights Act, 1993

Title: Constitution of a National Human Rights Commission

Description: (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 1[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) 2[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 3[,the National Commission for Backward Classes, the National Commission for Minorities, the National Commission for Protection of Child Rights], 4[the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes] and the 5[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. (4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and 6[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. 1. Subs. by Act 19 of 2019, s. 3, for “Chief Justice” (w.e.f. 2-8-2019). 2. Subs. by s. 3, ibid., for “two Members” (w.e.f. 2-8-2019). 3. Subs. by s. 3, ibid., for “National Commission for Minorities” (w.e.f. 2-8-2019). 4. 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). 5. Subs. by Act 19 of 2019, s. 3, for “National Commission for Women” (w.e.f. 2-8-2019). 6. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019).

Title: Appointment of Chairperson and other Members

Description: (1) The Chairperson and 1[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 2[vacancy of any member in the Committee referred to in the first proviso to sub-section (1)]. 1. Subs. by s. 4, ibid., for "other Members" (w.e.f. 23-11-2006) 2. Subs. by Act 43 of 2006, s. 4, for "vacancy in the Committee" (w.e.f. 23-11-2006)

Title: Resignation and removal of Chairperson and Members

Description: 1 [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 s. 5, ibid., for section 5 (w.e.f. 23-11-2006).

Title: Term of office of Chairperson and Members

Description: 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.] 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).

Title: Member to act as Chairperson or to discharge his functions in certain circumstances

Description: (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.