A day after retired Supreme Court Justice V. Ramasubramanian was appointed as the Chairperson of the National Human Rights Commission (NHRC), Leader of Opposition in the Lok Sabha Rahul Gandhi and Leader of Opposition in the Rajya Sabha Mallikarjun Kharge on Tuesday stated that the selection process adopted by the Committee was fundamentally flawed.
They described it as a pre-determined exercise that ignored the established tradition of mutual consultation and consensus.
Kharge and Gandhi, members of the high-powered committee led by Prime Minister Narendra Modi to select the NHRC Chairperson, attended the Committee meeting on December 18.
In a dissent note signed by Kharge and Rahul Gandhi, they argued that, considering the merit and the need for inclusivity required for the chair, they proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson.
“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.
Similarly, Justice Kuttiyil Mathew Joseph, a former Supreme Court judge belonging to the minority Christian community, has consistently delivered judgments that emphasise individual freedoms and the protection of marginalized groups, making him an ideal candidate for this critical position,” the letter read.
For the position of members, they recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi, both of whom have exemplary track records in upholding human rights.
“Justice S. Muralidhar is widely respected for his landmark judgments advancing social justice, including his work on custodial violence and the protection of civil liberties. Justice Akil Abdulhamid Qureshi, belonging to the Muslim minority community, has consistently defended constitutional principles and demonstrated a strong commitment to accountability in governance. Their inclusion would contribute to the NHRC's effectiveness and its commitment to diversity,” the dissent note added.
The leaders further contended that the process was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure, they claimed, undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee. Instead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalize the names, disregarding the legitimate concerns and perspectives raised during the meeting.
The letter further said that the NHRC is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens, particularly those from oppressed and marginalized sections of society.
Its ability to fulfill 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.
The leaders also stressed the need to maintain a balance that reflects the regional, caste, community, and religious diversity of the nation, while acknowledging that merit must remain the primary criterion.
“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,” they pointed out.
The Congress leaders expressed regret over the dismissive approach adopted by the majority of the Selection Committee in meeting these considerations.
“The NHRC's credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India's constitutional ethos. 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,” the note said.
The post of NHRC Chairperson had been lying vacant since Justice (retired) Arun Kumar Mishra completed his tenure on June 1.