सव भव तु सिखनः ु Annual Report 2022-23 Chapter 3 Organisation and Functions 3.1 Cons tu on of the Commission 3.1.1 Sec on 3 of the PHRA, (amended in 2019) provides for the cons tu on of a Commission consis ng of a Chairperson who has been a Chief Jus ce of India or a Judge of the Supreme Court; One Member who is, or has been, a Judge of the Supreme Court; One Member who is, or has been, the Chief Jus ce of a High Court; Three Members, out of which at least one shall be a woman, to be appointed from amongst persons having knowledge of, or prac cal experience in ma ers rela ng to human rights. 3.1.2 With this amendment, the number of Deemed Members of the Commission has increased from five to seven. As per PHRA, (amended, 2019), the seven deemed members of the Commission are Chairperson of the Na onal Commission for Scheduled Castes; Chairperson of the Na onal Commission for Scheduled Tribes; Chairperson of the Na onal Commission for Minori es; Na onal Commission for Women; Na onal Commission for Protec on of Child Rights; Na onal Commission for Backward Classes; and Chief Commissioner for Persons with Disabili es. 3.1.3 The Chairperson and the Members of the NHRC are appointed by the President of India, on recommenda ons of a high-level Commi ee comprising of the Prime Minister (as the Chairperson), the Speaker of the Lok Sabha (House of the People), the Minister in-charge of the Ministry of Home Affairs in the Government of India, the Leaders of the Opposion in the Lok Sabha and Rajya Sabha (Council of States), and the Deputy Chairman of the Rajya Sabha. 3.1.4 The Chief Execu ve Officer of the Commission is the Secretary General, an officer of the rank of Secretary to the Government of India. The Secretar- 6 iat of the Commission works under the overall guidance of the Secretary General. 3.1.5 The NHRC has been entrusted with the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, especially with respect to summoning and enforcing the a endance of witnesses and examining them on oath; discovery and producon of any documents; receiving evidence through affidavits; requisi oning any public record or copy thereof from any court or office; issuing commissions for the examina on of witnesses or documents, and any other ma er that may be prescribed. In case of breach, it calls upon the concerned government to take remedial measures and pay compensa on to the vic m or to the next of their kin and also remind public servants of their du es and obliga ons. Depending on the case, it may further ini ate proceedings for prosecu on, or any other suitable ac on as it may deem fit, against the person(s) concerned. It is armed with the power of taking suo motu cognizance of serious ma ers based on newspaper and media reports. 3.1.6 The Commission's func ons, as laid down in Sec on 12 of the PHRA, include: • Inquire, suo motu or on a pe on presented to it by a vic m or any person on his behalf or on a direc on or order of any court, into complaint of (i.i) viola on of human rights or abetment thereof; or (i.ii) negligence in the preven on of such viola on by a public servant. • Intervene in any proceeding involving any allega on of viola on of human rights pending before a court, with the approval of such court. • Visit, notwithstanding anything contained in any other law for the me being in force, any jail or Chapter 3 - Organisation and Functions