RADHAKANTA TRIPATHY Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This writ petition was filed on the 23rd of September, 2016 making a grievance that the National Commission for Protection of Child Rights (hereinafter referred to as "NCPCR") has to be statutorily constituted under the provisions of Section 8 of the Commission for Protection of Child Rights Act, 2005. However, the petitioner submits, that the NCPCR is unable to transact any business at all because of vacancies of its members.

(2.) The petitioner has placed Sections 3 & 8(2) of the of the Commission for Protection of Child Rights Act, 2005 providing for constitution of the Commission and vacation of office by the Chairperson and Members. These statutory provisions read as follows:

(3.) Additionally, our attention is drawn to Rule 18(5) of the National Commission for Protection of Child Right Rules, 2006, which provides the following quorum of the Commission: