Section 14(2) of the Act provides that the Government may remove a member from office for failing to discharge functions for a continuous period of not less than three months “without reasonable excuse”, where a resolution is passed by both houses of parliament, a term not defined in the Act. The IHREC notes that the term is broadly defined in criminal and civil law and would provide the member the right of reply and require the majority of the commissioners’ agreement. 

The SCA highlights that the grounds for dismissal must be clearly defined and appropriately confined to actions that adversely affect the members’ capacity to fulfil the institution’s mandate. 

The SCA recommends that IHREC advocate for amendments to its enabling law to clearly define what constitutes a “reasonable excuse” for the purposes of dismissal. 

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