On a retired judges’ plea that several State Human Rights Commissions are vacant, understaffed or defunct, the Supreme Court has issued notice to the Centre, the NHRC and the States.
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New Delhi: The Supreme Court on Monday sought responses from the National Human Rights Commission (NHRC), the Central government and various States on a petition alleging that several State Human Rights Commissions (SHRCs) remain vacant, understaffed or defunct, more than a decade after the Court directed that vacancies be filled within three months [Association of Retired Judges of Supreme Court and High Courts of India v. NHRC and Ors.].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana issued notice on the petition filed by the Association of Retired Judges of the Supreme Court and High Courts of India.
The plea
The petition seeks directions to the Union and State governments to ensure that SHRCs are properly staffed and able to function under the Protection of Human Rights Act, 1993. It relies on the Supreme Court’s 2015 judgment in DK Basu v. State of West Bengal, which held that filling SHRC vacancies is a duty and not an option, and directed that existing vacancies of Chairpersons and Members be filled within three months and future vacancies within three months of arising.
“More than a decade has elapsed since those directions, yet the default persists across the country.”
What the petition claims
On the petitioners’ analysis of 28 State commissions, 10 States have no permanent Chairperson, 3 SHRCs are defunct, 7 have no judicial Member and 16 have no non-judicial Member. The plea also says 23 States have not put their SHRCs’ annual reports online; only Goa, Maharashtra, Punjab, Sikkim and Uttarakhand had them publicly available. Under the 1993 Act, these reports are meant to be placed before the State legislatures.
Relying on Section 27 of the Act, which requires State governments to give the commissions the officers, police and staff they need, the petition flags a shortage of administrative and investigative staff. It gives examples: the Uttar Pradesh SHRC Chairperson’s post is said to have been vacant since June 4, 2024, and the Andhra Pradesh SHRC is said to have been without a Chairperson, Members and key officials since March 2024, with more than 10,000 complaints pending.
Complaints sent to non-functional commissions
The plea also questions the NHRC’s practice of transferring complaints to SHRCs that are allegedly not functioning. Citing the NHRC’s 2023-24 annual report, it says 239 cases were sent to the Andhra Pradesh SHRC and 144 to the Jharkhand SHRC when neither had a functioning Chairperson or Members, leaving complainants without an effective forum.
Reliefs Sought In The State Human Rights Commissions Plea
The petition seeks directions to fill all existing vacancies of Chairpersons and Members; to revive non-functional SHRCs and end prolonged arrangements with Acting Chairpersons; to provide adequate administrative and investigative staff; to publish annual reports and keep SHRC websites updated with their composition and vacancies; to bar the NHRC from transferring complaints to non-functional SHRCs and have it disclose the status of complaints already transferred; and for the Supreme Court to keep monitoring compliance rather than closing the matter after an order.
Case Title: Association of Retired Judges of Supreme Court and High Courts of India v. NHRC and Ors.
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, Supreme Court of India
Date of Hearing: October 5, 2026
Appearances: Petition drafted by Advocate Anchal Kanthed and filed by Advocate Srishti Agnihotri for the petitioner