Congress leaders Rahul Gandhi, Kharge dissent over NHRC Chairperson selection, propose alternative candidates

Opposition leaders Mallikarjun Kharge and Rahul Gandhi expressed their dissent over the process used to select the chairperson and members of the National Human Rights Commission (NHRC), arguing that it was "fundamentally flawed" and a "pre-determined" exercise that bypassed mutual consultation and consensus.

They had recommended Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the chairperson's role. However, former Supreme Court judge V Ramasubramanian was appointed as the new NHRC chairperson.

The position had been vacant since Justice (retd) Arun Kumar Mishra completed his term on June 1.

The Selection Committee for the NHRC met on December 18 at the Parliament House to make its decision. In their dissent note, Kharge and Gandhi criticized the selection process, claiming it lacked fairness and transparency.

"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," their dissent note said.

Kharge and Gandhi argued that, instead of encouraging open discussion and reaching a collective decision, the committee relied on its numerical majority to finalize the names, ignoring the valid concerns and viewpoints raised during the meeting.

They emphasized that the NHRC is a crucial statutory body responsible for protecting the fundamental human rights of all citizens, especially those from oppressed and marginalized communities.

"Its ability to fulfil this mandate depends significantly on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by various communities, especially those most vulnerable to human rights violations," their dissent note read.

"We proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson, keeping in mind both merit and the need for inclusivity. Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, is renowned for his intellectual depth and unwavering commitment to constitutional values. His inclusion would send a strong message about the NHRC's dedication to representing India's pluralistic society," they said.

Kharge and Gandhi stated that Justice Joseph, a former Supreme Court judge from the minority Christian community, has consistently issued rulings that highlight individual freedoms and the protection of marginalized groups, making him an exemplary choice for this important role.

"Furthermore, for the position of Members, we recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi, both of whom have exemplary track records in upholding human rights," they said.

Kharge and Gandhi highlighted that Justice Muralidhar is widely respected for his landmark rulings on social justice, particularly in areas such as custodial violence and the protection of civil liberties. They also praised Justice Qureshi, from the Muslim minority community, for consistently upholding constitutional principles and demonstrating a strong commitment to accountability in governance.

They argued that including both justices would enhance the NHRC's effectiveness and reinforce its commitment to diversity.

While they acknowledged that merit is the primary criterion, they emphasized that it is equally important to ensure a balance that reflects the regional, caste, community, and religious diversity of the country.

"This balance ensures that the NHRC operates with an inclusive perspective, sensitive to the lived experiences of all sections of society. By neglecting this critical principle, the committee risks eroding public trust in this esteemed institution," the dissent note said.

"Lastly, the dismissive approach adopted by the majority of the Selection Committee in today's meeting 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," the dissent note given on December 18 said.

"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," Kharge and Gandhi said.

On December 18, a high-powered committee led by Prime Minister Narendra Modi convened to select the next chairperson of the NHRC.

The president appoints the NHRC chairperson, typically a former Chief Justice of India or a retired judge of the Supreme Court, based on the recommendation of the selection committee.

Justice (retd) Ramasubramanian, a former Supreme Court judge, has been appointed as the new NHRC chairperson. Previous chairpersons of the rights body include former Chief Justices H L Dattu and K G Balakrishnan.

The NHRC, in a post on X, said, "Hon'ble President of India appoints Shri Justice V. Ramasubramanian (Retd.) as the Chairperson, and Shri Priyank Kanoongo and Dr. Justice Bidyut Ranjan Sarangi (Retd.) as the Members of the National Human Rights Commission(NHRC), India."

Kanoongo previously served as the chairperson of the National Commission for Protection of Child Rights (NCPCR).

Congress president Kharge and Gandhi participated in the meeting as the leaders of the opposition (LoPs) in the Rajya Sabha and Lok Sabha, respectively.

Under the law governing the NHRC, the committee responsible for selecting the NHRC chairperson is headed by the prime minister and includes the Speaker of the Lok Sabha, the home minister, the leader of the opposition in the Lok Sabha, the leader of the opposition in the Rajya Sabha, and the deputy chairperson of the Rajya Sabha as its members.