The last 25 years have witnessed the emergence of a new human right actor, the National Institution for the Promotion and Protection of Human Rights—a brainchild of the Conference held in Paris in 1991—an independent body to look into the specific purpose of protecting and expanding human rights. The intention was to adopt a variety of functions for the protection and promotion of human rights depending on the domestic context. Accordingly the National Commission on Human Rights was established in India under the Human Rights Act, 1993. The said Act provided for the composition, functions and powers of the Commission. Against this backdrop, the paper makes an attempt to cratologically analyze the provisions of the Human Rights Act in the light of the controlling Constitution.

The concept of democracy1 lacks within itself any guarantee of basic human rights.2 It was for this reason that Aristotle envisioned Polity or Constitutional government3 so that regardless of members, everyone would receive the benefits of the guarantees of the fundamental law of superior obligation. Human rights are universal and nonderogable. Many who approach the subject of human rights turn to early religious4 and philosophical5 writings. In their version of human rights, human beings are endowed, by reason of their humanity,6 with certain fundamental freedoms7 and inalienable rights.8 This conclusion has existed in various forms in various societies.9

It may be fairly said that it is the last half of the 20th century that marked the era of development of human rights at international level with the establishment of the United Nations in 1945 and the subsequent declarations and conventions passed by the General Assembly on emerging issues. Modest attempts were made and addressed at an international level to deal with some pressing human rights issues as well as those likely to scourge as this decade unfolds. One of such approaches was the Paris Declaration on Human Rights which urged the member states to adopt a national level mechanism to protect and promote human rights.

Law Review Journal, The Human Rights Act, 1993, United Nations Commission, Human Rights, United Nations General Assembly, According to Section 3(1), The Paris Principles, United Nations Economic and Social Council (ECOSOC), Cratological, Critique.