The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

-The Prime Minister (chairperson)

-The Home Minister

-The Leader of the Opposition in the Lok Sabha (House of the People)

-The Leader of the Opposition in the Rajya Sabha (Council of States)

-The Speaker of the Lok Sabha (House of the People)

-The Deputy Chairman of the Rajya Sabha (Council of States)

-Further a sitting judge of a Supreme Court or a sitting Chief justice of a High Court can be appointed only after consultation with Chief Justice of India.