NEW DELHI: With less than two months left for the retirement of Chief Justice of India (CJI) H L Dattu, speculations are rife in the corridors of power that he may be made the next chairperson of the National Human Rights Commission (NHRC). Dattu will retire on December 2.
The post at NHRC has been lying vacant since May 11 this year, when K G Balakrishnan demitted office after completing his five-year term.
At present, NHRC is being headed by retired Justice Cyriac Joseph, who is functioning as the acting chairperson. The delay in appointment of the NHRC chairman is affecting the day-to-day functioning of the commission thus have a direct bearing on the administration of justice and the rule of law.
The main task assigned to NHRC is to inquire, suo motu or on a petition presented to it by a victim or any person on his behalf. It can be on the direction or order of any court to look into the complain of violation of human rights.
According to the Protection of Human Rights Act 1993, under which the national and state human rights commissions are constituted, the NHRC chairperson has to be a former CJI.
Kerala Governor P Sathasivam is also being tipped as one of the strong contenders for the post. Two former CJIs Altamas Kabir and SH Kapadia are also eligible for the position. Justice Sathasivam had drawn flak when he became the governor of Kerala on September, 2014, less than six months after he retired as the CJI. No CJI before him had accepted such a post.
The President appoints the chairperson and other members of the NHRC on the recommendations of the committee, which also includes the Lok Sabha Speaker, the Home Minister, leaders of the Opposition in the Lok Sabha and the Rajya Sabha, and the deputy chairperson of the Rajya Sabha.
No one holds the post of leader of the Opposition in this Lok Sabha, but clause 2 of the NHRC Act states that the absence of any member does not invalidate any appointment. According to the NHRC Act, a person appointed as chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier and shall also be eligible for re-appointment if age is on his side.
Former CJI, R M Lodha, who retired last year, had decided not to accept any statutory or constitutional posts after retirement.