SC to Examine Plea on Vacancies in NHRC

The Supreme Court has recently decided to review a plea accusing the Union government of not filling vacancies in the National Human Rights Commission (NHRC) and labeled its approach as “lethargic.” Chief Justice of India D.Y. Chandrachud, leading the bench, issued notice on the petition filed by Radhakanta Tripathy, who appeared as the petitioner-in-person, highlighting that the NHRC is operating with only half of its required members.

The court acknowledged the petitioner’s claim that three vacancies exist in the apex human rights body, specifically two judicial members and one woman member. These positions have allegedly been vacant since September 11, 2021, January 4, 2023, and April 4, 2022, respectively.

The case is scheduled for a hearing in three weeks’ time.

The petition attributes the persistence of these vacancies to the “inaction and lethargic attitude” of the Union of India. Mr. Tripathy argued that the government’s failure to appoint three members to the NHRC hampers the Commission’s functioning, which directly impacts the rule of law and the administration of justice. He further contended that keeping the positions vacant despite eligible candidates being available is arbitrary, unreasonable, and violates Articles 14 and 21 of the Constitution.