Indian Polity & Governance·Basic Structure

State Human Rights Commission — Basic Structure

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Version 1Updated 5 Mar 2026

Basic Structure

State Human Rights Commissions (SHRCs) are statutory bodies established under the Protection of Human Rights Act, 1993, to protect and promote human rights at the state level. Each state government may constitute an SHRC to work within its territorial jurisdiction, complementing the National Human Rights Commission's work at the national level.

The commission consists of a Chairperson (former Chief Justice of a High Court) and up to four members with expertise in human rights matters, appointed by the Governor on recommendations of a committee headed by the Chief Minister.

SHRCs have extensive powers including investigation of human rights violations by state agencies, visiting detention centers, summoning witnesses, examining documents, and making recommendations for reforms.

They can investigate complaints against police, prison authorities, and other state government agencies, but cannot investigate matters more than one year old or those pending before courts. The commissions play both protective and promotional roles - investigating violations and spreading human rights awareness.

However, their recommendations are not legally binding, and effectiveness varies significantly across states due to factors like political will, resource allocation, and quality of appointments. The 2019 amendment strengthened SHRCs by expanding human rights definition, ensuring better representation, and enhancing coordination with NHRC.

Key challenges include inadequate funding, political interference, lack of enforcement powers, and limited public awareness. Despite limitations, SHRCs have made significant contributions in addressing custodial violence, prison reforms, and protection of marginalized communities' rights.

Important Differences

vs National Human Rights Commission

AspectThis TopicNational Human Rights Commission
JurisdictionState-level jurisdiction, investigates violations by state agenciesNational jurisdiction, investigates violations by central agencies and matters of national importance
Chairperson QualificationFormer Chief Justice of a High CourtFormer Chief Justice of India
Appointment AuthorityGovernor on recommendation of state-level committee headed by Chief MinisterPresident on recommendation of committee headed by Prime Minister
Funding SourceState government budget allocationCentral government budget allocation
Coordination RoleReports to and coordinates with NHRC on matters of common concernProvides guidance to SHRCs and coordinates national human rights policy
The relationship between NHRC and SHRCs exemplifies India's federal approach to human rights protection, with clear division of jurisdiction while maintaining coordination mechanisms. SHRCs handle state-specific violations and local human rights concerns, while NHRC addresses national-level issues and provides overall policy guidance. This division ensures comprehensive coverage while respecting federal principles, though effectiveness depends on proper coordination and resource allocation at both levels.

vs Judiciary

AspectThis TopicJudiciary
Nature of PowersRecommendatory powers, cannot enforce decisionsJudicial powers with enforcement authority through contempt proceedings
ProcedureInquisitorial approach, can take suo motu cognizanceAdversarial system, requires formal petition or case filing
AccessibilityMore accessible, informal procedures, no court feesFormal procedures, court fees, legal representation often required
Scope of ReliefCan recommend compensation, policy changes, administrative reformsCan order compensation, issue writs, declare laws unconstitutional
Time LimitationGenerally one year from the date of incidentVaries by type of case, no specific limitation for constitutional remedies
SHRCs and judiciary serve complementary roles in human rights protection, with SHRCs providing more accessible, informal mechanisms for addressing violations while judiciary offers formal legal remedies with enforcement powers. SHRCs can investigate systemic issues and recommend policy reforms, while courts focus on individual cases and legal interpretation. The effectiveness of human rights protection is enhanced when both institutions work in coordination.
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