“Vacant Posts, Weakened Commissions? Supreme Court Seeks Answers on State Human Rights Panels”
The Court has issued notice to the NHRC, the Union and several States on a petition alleging that vacancies and staffing shortages have left some State commissions unable to perform their statutory role.
(By Syed Ali Taher Abedi)
5, October,2026-The Supreme Court has sought responses from the National Human Rights Commission (NHRC), the Central government and various State governments over allegations that several State Human Rights Commissions (SHRCs) are vacant, inadequately staffed or non-functional.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice on a petition filed by the Association of Retired Judges of the Supreme Court and High Courts of India in Association of Retired Judges of Supreme Court and High Courts of India v. NHRC and Ors.
The petition asks the Court to direct governments to fill vacancies and ensure that the State commissions can discharge their responsibilities under the Protection of Human Rights Act, 1993. It invokes the Supreme Court’s 2015 ruling in D.K. Basu v. State of West Bengal, which directed that existing vacancies be filled within three months and future vacancies filled within three months of arising.
According to the petition, those directions have not been consistently followed.
Its review of the 28 State commissions alleges that 10 States lack a permanent Chairperson, three commissions are defunct, seven have no judicial Member, and 16 have no non-judicial Member. The plea also says that 23 States have not made their commissions’ annual reports available online.
The petition raises concerns about shortages of administrative and investigative personnel, as well as the NHRC’s transfer of complaints to SHRCs said to be non-functional.
Citing the NHRC’s 2023–24 annual report, it states that 239 cases were transferred to the Andhra Pradesh SHRC and 144 to the Jharkhand SHRC when, according to the plea, those commissions lacked functioning Chairpersons and Members.
It further alleges that the Andhra Pradesh commission has lacked a Chairperson, Members and key administrative officials since March 2024, leaving more than 10,000 complaints unresolved.
In Uttar Pradesh, the Chairperson’s post is said to have remained vacant since June 2024, with a judicial Member’s post becoming vacant in June 2026.
Among other reliefs, the petition seeks the filling of vacant posts, the restoration of non-functional commissions, adequate staffing, publication of annual reports, and regular monitoring of compliance with the Court’s directions.
It also asks that complaints not be sent to commissions unable to function, and that the status of cases already transferred to them be disclosed.
The petition was drafted by Advocate Anchal Kanthed and filed by Advocate Shristi Agnihotri on behalf of the association of retired judges of Supreme Court and High Courts of India.
The matter remains pending before the Supreme Court.
