Act | Protection of Human Rights Act, 2003 | RTI Act, 2005 | 1. Executive Resolution, 1964 2. CVC Act, 2003 | 1. No statutory base 2. Resolution of HM | Lokpal and Lokayuktas Act, 2013 |
Ministry | Home Ministry | Ministry of Personnel | Independent Body | Ministry of Personnel | Ministry of Personnel |
Jurisdiction | Complaints only against central and UT offices, institutions, PSUs | Responsible only to Parliament | Derives power from DPSE Act, 1946 | | |
Appointment Panel | PM + Speaker + Deputy Chairman + LoO + LoO + HM Sitting Judge of SC or CJ of HC (only on consultation with CJI) | SHRC: CM + HM + LoO + Speaker + Chairman (if LC) + LoO (if LC) | PM + LoO + UM | PM + LoO + HM | 1. Director – PM + LoO + CJI (as per L&LA, 2013) 2. Director of Prosecution – Recomm by CVC (as per L&LA, 2013) 3. SP and above – CVC + 2 VC + SoHM + SoDoPT |
Strength | NHRC – 1+5 (2+3) SHRC – 1+2 | 1+10 max | 1+2 | Max-8 | 1. At least 50% judicial (S or R Judge of SC or CJ of HC) 2. 50% Non-judicial (More than 25 years exp in anti-corruption policy, Public Admin, Vigilance, Finance (including insurance & banking)) 3. At least 50% reserved for women, SC, ST |
Qualification | NHRC: 1. Chair – Retired CJI/ J 2. Members – S or R Judge of SC, S or R CJ of HC, 3 Members: Knowledge or practical exp in HR | 1. Person of eminence in public life with wide knowledge and exp in law, sci-tech, social service, management, journalism, mass media, or admin & governance 2. Not MP or MLA | Qualification for Chairman: 1. S or R CJI or S or R Judge of SC or non-judicial member only if (Eminent + 25 yr exp in Anti-Corruption, Pub Ad, Vigilance, Finance (including Insurance & Banking), Law, Management) NOTE: Min age of Chair = 45 years | CBI under administrative control of DoPT, Ministry of Personnel | 3. Ex-officio members: SC, ST, BC, Minorities, Women, PwD, Child 3. Not connected with any political party 4. No business or pursuing any profession |
Appointment | President | President | President (H&S) | Central Govt | President |
Tenure | 3 years or 70 years | Prescribed by Central Govt or 65 years (2019 Amend) | 4 years or 65 years | Director – 2 years | 5 years or 70 years |
Reappointment | HR (Amend) Act, 2019: Chair and Members of N & SHRC eligible for reappointment in same office | Not eligible | IC – as CIC, no other | Not eligible | Both not eligible for any constitutional or statutory post + cannot contest elections |
Salary & Allowances | Central Govt SHRC – State Govt | 1. CIC – CEC 2. IC – ECs | Same as UPSC | Chairman = CJI, Members = Judge of SC | |
Annual Report | NHRC – Report to BOTH Central and State Govt | Central Govt – Both Houses | President – Both Houses | President | NHRC should be informed of action taken on its report in 1 month Armed Forces – 3 months |
Removal | 1. Insolvent 2. Paid employment 3. Unfit – infirmity of body or mind 4. Unsound mind 5. Convicted and sentenced for an offense | 1. Insolvent 2. Paid employment 3. Unfit – infirmity of body or mind 4. Moral turpitude 5. Acquired financial or other interest | Same as CIC | SC: Only by Selection Committee | 1. Misbehavior or incapacity – Petition signed by 100 members of Parliament (thus mixed LS and RS) and inquiry by SC 2. IIP 6. Misbehavior or incapacity – SC inquiry |
Miscellaneous | 1. Only 1-year window of crimes + Suo Motu 2. Power of Civil Court 3. Has its own investigation staff 4. 2006 Amendment: (1) SHRC – from 5 to 3 members (2) NHRC – visit jail w/o state govt intimation 5. HR courts – By state govt with concurrence of CJ of HC | 1. Suo Motu Powers (if reasonable grounds) 2. Can impose penalty on PIO 3. Power of Civil Court 4. Removal: CIC – Prez, SIC – Gov | 1. Nodal agency for PoCA, 1988, PMLA, Whistleblowers 2. ONLY agency against motivated or false complaints 3. Own secretariat 4. Consulted by Centre on disciplinary matters of AIS and CS 5. Jurisdiction: AIS, PSB, RBI, SIDBI, NABARD, PSU, GIC, LIC, local authorities & societies controlled by central govt | 1. Under CVC Act, 2003 – Superintendence rests with Central Govt (except when PoCA – CVC) 2. Directorate of Prosecution – for conducting prosecution under Lokpal Act, 2013 3. PoCA investigation for employees of central govt, UTs & their PSUs 4. Jurisdiction: Fiscal/economic laws, serious crimes, request from state govt, public importance cases 5. Interpol’s National Central Bureau in India | 1. Jurisdiction of Lokpal: Covers PM, Ministers, MPs (except Art 105), Group A, B, C, D officials of central govt, entities receiving FCRA above 10 lakh 2. Confiscation of property even if prosecution is pending 3. Clear timelines: Preliminary Inquiry: 2 months, Investigation: 6 months, Trial: 1 year 4. Investigation Wing & Prosecution Wing – IW conducts preliminary inquiry, PW prosecutes public servants 5. NO Suo Motu + Complaint within 7 years 6. Lokpal >> Group A, B, C, D >> CVC >> Investigate >> Report about A and B to Lokpal >> Do investigation on C and D 7. Powers of Civil Court 8. CBI’s Role: Supplementary to state police forces, organized crime, HR, cyber & high-tech crimes, Suo Motu powers |