Presenting its suggestions on the draft constitution, the commission has sought removal of the provision of parliamentary monitoring and evaluation of its activities. "This would be against the Paris Principles and the verdict of the Supreme Court, which guarantee autonomy of the commission," the NHRC stated.Earlier, the Supreme Court and the Commission for the Investigation of Abuse of Authority (CIAA), another constitutional body, have also taken exception to the provision in the draft.
The commission has also urged the Constituent Assembly to follow the principle of separation of powers, stating that the overall study of the constitution showed that the principle has not been followed.
Likewise, the NHRC has urged to keep it above all constitutional bodies. It has also urged the CA to include provisions that clearly define the jurisdiction of the NHRC and other commissions, including National Women Commission, National Dalit Commission and National Inclusion Commission.
The commission has expressed dissatisfaction over the provision on its constitution since the compulsory provision of appointing at least a woman member has not been given continuity in the draft.
Likewise, the NHRC has suggested that fundamental rights should come into effect immediately after promulgation of the new constitution. The draft constitution says that the provisions on fundamental rights would come into effect after formulation of necessary laws.
The commission has suggested moving some of the provisions included in the fundamental rights section of the draft constitution to the directive principles and policies of the state.
The commission has also suggested that issue of citizenship should be dealt with in a way that would ensure gender equality.
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