T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
to the Commission's annual report for 1999-2000 and highlighted again in its
annual report for 2001-2002. It remains a matter of regret to the Commission
that, despite the passage of considerable time, the proposals are still pending
consideration as, in the words of the Government, they are "very sensitive and
have far-reaching consequences."
2.4 In the meantime and over the years, it has become necessary for the
Commission to build on such strengths as its Statute contains, and to construe
its other provisions in such ways as are most compatible with the high purposes
of the Objects and Reasons of the Act. In proceeding in this manner, the
Commission has been guided by a well-established principle relating to the
wording of Statutes, namely, that their texts must not lend themselves to
interpretations that defeat the very intention of the legislation in question, or
lead to unreasonable and untenable consequences. Illustrations of the efforts
of the Commission in this respect are recounted, in particular, in its annual
report for 2001-2002.
2.5 Of key concern to the Commission has been the need to maintain and
strengthen its independence and functional autonomy, which are essential
characteristics of a National Institution constituted and working in accordance
with the "Principles relating to the status of National Institutions" (the "Paris
Principles") that were, inter alia, endorsed by the World Conference on Human
Rights held in Vienna in June 1993 and by the General Assembly of the United
Nations in its resolution 48/134 of 20 December 1993.
2.6 Central to the independence of the Commission, as experience has shown,
have been the provisions of the Statute relating to the criteria to be observed
in the selection of its Chairman and four Members who constitute the
Commission under Section 3(2) of the Protection of Human Rights Act, 1993;
the method of their appointment (Section 4 of the Act); removal (Section 5);
and terms of office (Section 6). As observed in Chapter I, however, these
provisions do not apply to the Chairpersons of the National Commission for
Minorities, the National Commission for the Scheduled Castes and Scheduled
Tribes, and the National Commission for Women, who are "deemed to be
Members of the Commission" under the terms of Section 3(3) of the Act, their
methods of appointment, removal and terms of office being governed by the
statutes and rules of the respective Commissions of which they are the
Chairpersons. It is for this reason that Parliament, in its wisdom, limited the
role of the "deemed Members" to the functions specified in section 12(b) to (j)
only. No other role was assigned to them under the Act.
ANNUAL REPORT 2002-2003
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