Registering strong dissent to the manner in which the new chairperson of the National Human Rights Commission was selected, Congress leaders Mallikarjun Kharge and Rahul Gandhi noted the selection process was “fundamentally flawed” and it was a “pre-determined exercise”.
In their dissent note, Mallikarjun Kharge and Rahul Gandhi, opposition leaders in Rajya Sabha and Lok Sabha, respectively, said the prime minister-led committee disregarded legitimate concerns and perspectives raised by them during the meeting.
“It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the selection committee," the leaders said in their dissent note.
The committee to select the new NHRC chairperson met at Parliament premises on December 18. Prime Minister Narendra Modi-led committee includes the Lok Sabha Speaker, Union home minister, leader of the opposition in Lok Sabha, leader of the opposition in Rajya Sabha and deputy chairperson of Rajya Sabha as members.
Recently, President Droupadi Murmu appointed Justice (retd) Ramasubramanian, a former judge of the Supreme Court, as the chairperson of the NHRC. Priyank Kanoongo, former chairperson of the National Commission for Protection of Child Rights; and Justice Sarangi, former Chief Justice of Jharkhand High Court were appointed as members of the committee.
The opposition leaders noted they do not hold any prejudice against the selected names, but NHRC’s ability to fulfil its mandate of safeguarding fundamental rights of citizens “depends significantly on the inclusiveness and representativeness of its composition.”
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The Congress leaders proposed the names of Justice (retd) Rohinton Fali Nariman and Justice (retd) K.M. Joseph for the position of chairperson. They argued, “Justice Nariman’s inclusion would send a strong message about the NHRC's dedication to representing India's pluralistic society. Similarly, Justice Joseph, a former Supreme Court judge, belonging to the minority Christian community, has consistently delivered judgments that emphasise individual freedoms and the protection of marginalised groups, making him an ideal candidate for this critical position.”
The opposition leaders also recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi to the commission. “While merit is undeniably the primary criterion, maintaining a balance that reflects the regional, caste, community, and religious diversity of the nation is equally important,” the leaders said in their dissent note.
Both Kharge and Gandhi said the exclusion of names recommended by them raises doubts about the fairness of the selection process. “The names we proposed reflect this spirit and align with the foundational principles of the commission. Their exclusion raises significant concerns about the impartiality and fairness of the selection process," they said in the note.
The leaders also criticised the dismissive approach of other members of the selection committee to the names they proposed. “The dismissive approach adopted by the majority of the selection committee in today's meeting (December 18) towards these considerations is deeply regrettable. The NHRC's credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India's constitutional ethos,” they said.
