NHRC+SHRC ::: M LAXMIKANTH

Chapter  53 & 54:

NHRC Vs SHRC.

Protection of "Human Right Ammendment Bill, 2018" ...Click here

COMPOSITION	NHRC	SHRC
Multi-Member	Chairman + 4 members(Full time) + 4 ex offico members	Chairman + 2 members
Chairman	Retired CJI	Retired CJH (C J of High court)
Members	1= Judge of SC (Retired/Serving) 1= CJH (retired/ serving) 2= knowledge + experience in Human rights 4 ex-officio members: Chairman of = National commission for (SC ,ST ,Women and Minority)	1= Judge of HC(serving/retired)      Or Judge of District court(7 year experience) 1= knowledge + experience in Human rights
Appointed by	President (same =UPSC/SPSC/CIC/SIC/CAG/NHRC/SHRC/CVC)	Governor
recommendation Committee	6 member committee: PM(head)+ Speaker(L.S)+Deputy chairmen(R.S)+ Leader of Opp(LS and RS) + union Home Minister +Judge of SC(seating) + CJH(seating) after consultation of CJI.	CM(Head)+ Speaker+Leader off Opp+State Home minister + if upper house exists(Leader of Opp + Chairman of council) +Judge of HC(seating) + District judge(seating) after consultation of CJH.
Term	5 year/ 75 Age (as MPs are involved)	5 Year/ 70 age
Reappointment	-------	Yes till 70 age limit
After tenure	No job under Union or State /gov	No job under Union or State /gov

REMOVAL	NHRC	SHRC
	By President	Same (although appointed=governor)
Condition (Chairman+member)	Insolvent+ paid employment(out side office) + unfit(Physical +mental)+ unsound mind by court + convicted and sentenced to imprisonment.	Same
Additional condn (Chairma+ member)	Misbehavior  + but president has to refer case to SC= SC judgment is final. same as UPSC/SPSC/CIC/SIC/CAG/NHRC/SHRC/CVC)…click here	Same

Independance	NHRC	SHRC
Salary/allowance etc	Determined by Central gov >>>>>>>>Cant be varied after appointment	By State gov >>>>>>>>>>> Cant be varied after appointment.
Condition service	By Central Gov but cant be change after	By state but cant be changed later.
After tenure	No job under Gov	Same

FUNCTION	NHRC	SHRC
inquire	--Violation of HR(ex-Hydrabad encounter) --Suo moto / through petition.	Same
Intervene in court	HR cases pending in court	Same
Varifies	Condition of Jail + detention camp || recommends any changes needed	Same
Reviews	1)Constitutional+Legal sageguards. 2)Act of terrorism that inhibits HR|| recommends measures.	Same
Study	Treaties+ International instruments = @ HR	---------Nil------
Reserch & promotion	in HR + spread HR literacy among people	Same
NGO	To encourage them in field of HR	Same

Working	NHRC	SHRC
	Regulates its own procedure	Same
	Has all powers of Civil court	Same
	It can take any report @ HR form Centre gov	From state gov
Time Limit	Can’t enquire after expiry of 1 year. (Ahmadi committee=if enough evidence should be allowed to enquire after 1 year)	Same
POWERS (During inquiry)↓
	Recommend concerned Gov+authority= for compensation to victim	Same
Civil servant	It can recommend for proceeding against CS	Same
	Recommend for Grant= as interim relief	Same
Courts	May approach(SC+SC) for necessary direction + writs	Same

--All recommendation + relief ↑= not binding.

--But NHRC/SHRC= should be informed within 1 Month= about the action taken on their recommendation.

--NHRC/SHRC submits annual repor or special report to  Government (Centre/State) >>>> gov puts in Legislature along with Memorandum, explain the reason of non acceptance of advice.[UPSC/SPSC = report submitted to PRESIDENT].

ARMED FORCE(only NHRC)
--Include= Army +Navy +Air force (not Para military forces)
--Can just seek report from Gov
--Gov should reply within 3 months.
--So it(NHRC) has limited role.(SHRC no powers)