“In accordance with section 4(1) of the NHRC Act, members of the Council may be removed from office by the President, subject to confirmation of the Senate by simple majority. 

The SCA is of the view that the dismissal process is not sufficiently independent and objective as it is at the sole discretion of the Senate, also the selecting entity. In addition, the grounds for dismissal are not examined by an independent authority. Furthermore, the exact dismissal procedure is not stipulated in the NHRC Act 

The SCA emphasizes that in order to address the Paris Principles requirement for a stable mandate, which is important in reinforcing independence, the enabling law of an NHRI must contain an independent and objective dismissal process. 

The dismissal must be made in conformity with all the substantive and procedural requirements prescribed by law. 

The grounds for dismissal must be clearly defined and appropriately confined to only those actions which impact on the capacity of the members to fulfil their mandate. Where appropriate, the legislation should specify that the application of a particular ground must be supported by a decision of an independent body with appropriate jurisdiction. Dismissal should not be allowed solely on the discretion of the appointing authorities. Such requirements ensure the security of tenure of the members of the governing body and are essential to ensure the independence of, and public confidence in, the senior leadership of an NHRI. 

The SCA refers to Paris Principle B.3 and to its General Observation 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body’.”