The National Human Rights Commission (NHRC) of India is a statutory body established in 1993 to protect and promote human rights in the country. It acts as an independent institution to address human rights violations and ensure justice for victims.

1. Role of NHRC as Protector of Human Rights

The primary role of the NHRC is to safeguard and promote human rights as enshrined in the Constitution of India and international human rights standards. The commission works towards ensuring that citizens’ fundamental rights are respected, especially in cases where governmental bodies or public authorities violate them.

Key Responsibilities:

• Monitoring and Investigating Violations: The NHRC is responsible for monitoring and investigating cases of human rights violations, including those related to unlawful detention, police brutality, or custodial deaths.
• Recommending Redressal: The NHRC recommends actions to government authorities for addressing human rights violations and ensuring justice.
• Raising Awareness: The NHRC undertakes awareness campaigns to educate people about their rights and encourages them to report violations.

2. Functions of NHRC

The NHRC performs several functions aimed at the protection of human rights in India.

1. Inquiring into Complaints

• The NHRC has the authority to inquire into complaints of human rights violations either suo motu (on its own) or through petitions from individuals or organizations.

2. Recommending Actions

• After investigating violations, the NHRC can recommend action, such as compensation, disciplinary action against officials, or legal reforms. For instance, after the 2002 Gujarat riots, the NHRC recommended compensation for victims and improvements in police handling of such cases.

3. Promoting Human Rights Education

• NHRC organizes workshops, seminars, and training programs to promote the understanding of human rights among government officials, police personnel, and the public.

4. Ensuring Accountability

• The NHRC ensures that public authorities are held accountable for human rights violations, prompting reforms and improving governance.

3. Functions Related to Special Areas

• Children and Women: The NHRC works specifically to protect vulnerable groups like women and children from abuse, exploitation, and violence. For example, it has taken steps to ensure the enforcement of laws to prevent child labor and trafficking.
• Rights of Marginalized Communities: The NHRC also focuses on protecting the rights of Dalits, tribals, and religious minorities, ensuring their equal treatment under the law.

Conclusion

The National Human Rights Commission plays a crucial role in defending and promoting human rights in India. Through its investigations, recommendations, and advocacy, it works towards making the government accountable for its actions and ensuring that human rights violations are addressed effectively. By promoting justice, human dignity, and equality, the NHRC helps protect the fundamental rights of every individual in India.

The Basic Structure Doctrine is one of the most important judicial principles that emerged from the Indian judiciary. It holds that certain features of the Indian Constitution are so fundamental to its identity that they cannot be altered or destroyed through amendments.

1. Origin of the Basic Structure Doctrine

The concept of the “basic structure” of the Constitution was first propounded by the Supreme Court of India in the landmark Kesavananda Bharati case (1973). The case involved a challenge to the 24th Amendment of the Constitution, which sought to give Parliament the power to amend any part of the Constitution, including fundamental rights.

Kesavananda Bharati Case (1973)

• In this case, the Supreme Court ruled by a majority that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or amend the “basic structure” of the Constitution. This judgment was groundbreaking because it introduced the concept of “basic structure”, which was not explicitly mentioned in the Constitution.
• The Court did not provide an exhaustive list of what constitutes the basic structure but emphasized principles like secularism, democracy, judicial review, and republicanism as being part of it.

2. Evolution of the Doctrine

Indira Gandhi v. Raj Narain (1975) – The Emergency Case

• The evolution of the basic structure doctrine was further solidified during the Indira Gandhi v. Raj Narain case, which came during the Emergency period. The Supreme Court emphasized that Parliament cannot amend the Constitution in a way that would alter its fundamental framework. This case reiterated the principles laid down in Kesavananda Bharati.

Subsequent Cases

• Over the years, the doctrine has evolved through various rulings:
  • Minerva Mills Case (1980): The Supreme Court held that the balance between Fundamental Rights and Directive Principles of State Policy is part of the basic structure.
  • Waman Rao Case (1981): The Court further defined that the basic structure doctrine also applies to amendments made after 1973.
  • Unni Krishnan Case (1993): The Court stated that the right to education is a fundamental right under the basic structure.

3. Key Elements of the Basic Structure

While the exact scope of the basic structure remains somewhat open-ended, several key elements have been recognized by the Supreme Court as forming part of it, including:

• Democracy
• Republicanism
• Secularism
• Rule of Law
• Judicial Review
• Federalism
• Separation of Powers

4. Impact and Significance

The Basic Structure Doctrine ensures that the Constitution’s core values cannot be changed by any amendments. This helps to maintain the Constitution’s integrity and protects the rights of the citizens from arbitrary changes by the legislature.

Conclusion

The Basic Structure Doctrine is a crucial aspect of India’s constitutional framework. It ensures that while Parliament has the power to amend the Constitution, the fundamental principles that define India’s democratic and secular identity remain protected. Through cases like Kesavananda Bharati, the doctrine has evolved to become a cornerstone in maintaining the balance between the powers of the legislature and the protection of constitutional values.

India faces numerous internal security challenges that are often more potent than the structures designed to address them. These challenges include:

1. Terrorism and Extremism

• Example: The rise of left-wing extremism (Naxalism) in states like Chhattisgarh and Jharkhand poses a significant threat, with insurgent groups targeting both civilians and security forces.

2. Religious and Ethnic Violence

• Example: Communal riots, like those in Muzaffarnagar and Gujarat, have tested India’s ability to maintain peace.

3. Cybersecurity Threats

• As technology advances, India faces increasing cyber-attacks from both state and non-state actors, challenging its digital infrastructure.

4. Weak Coordination Among Agencies

• The lack of coordination between intelligence and law enforcement agencies often hampers effective responses to emerging threats.

Conclusion

While India has robust security forces, the growing complexity and scale of internal threats challenge its existing security structures.