COMPOSITION OF THE COMMISSION‌

The commission is a multi-member body consisting of a chairperson and five members. The chairperson should be a retired chief justice of India or a judge of the Supreme Court and members should be a serving or retired judge of the Supreme Court, a serving or retired chief justice of a high court and three persons (out of which atleast one should be a woman) having knowledge or practical experience with respect to human rights. In addition to these full-time members, the commission also has seven ex-officio members-the chairpersons of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs, the National Commission for Women, the National Commission for BCs and the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities.

The chairperson and members are appointed by the president on 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 Parliament and the Central home minister. Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier. They are elligible for re-appointment. After their tenure, the chairperson and members are not eligible for further employment under the Central or a state government.

The president can remove the chairperson or any member from the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

(c) If he is unfit to continue in office by reason of infirmity of mind or body; or

(d) If he is of unsound mind and stand so declared by a competent court; or

(e) If he is convicted and sentenced to imprisonment for an offence.

In addition to these, the president can also remove the chairperson or any member on the ground of proved misbehaviour or incapacity. However, in these cases, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the president can remove the chairperson or a member.

The salaries, allowances and other conditions of service of the chairperson or a member are determined by the Central government. But, they cannot be varied to his disadvantage after his appointment.

All the above provisions are aimed at securing autonomy, independence and impartiality in the functioning of the Commission.