Congress Leaders Rahul Gandhi, Mallikarjun Kharge call NHRC selection process to be 'fundamentally flawed'

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Synopsis

Retired Supreme Court judge, Justice V Ramasubramanian has been appointed as the ninth chairperson of NHRC, as the post was lying vacant since former Supreme Court judge Justice Arun Kumar Mishra completed his tenure on June 1, 2024

Leaders of Opposition, Rahul Gandhi and Mallikarjun Kharge have recorded their dissent over the selection of Chairperson and
Members of the National Human Rights Commission (NHRC).

Notably, Retired Supreme Court judge, Justice V Ramasubramanian has been appointed as Chairperson of NHRC along with Shri Priyank Kanoongo and Dr. Justice Bidyut Ranjan Sarangi (Retd.) as the Members.

Gandhi and Kharge have written a dissent note calling the selection process adopted by the Committee to be fundamentally flawed. "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. 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", they have said.

It has further been said that NHRC's 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, the Congress leaders have alleged.

The opposition leaders had proposed the names of retired Justice Rohinton Fali Nariman and retired Justice Kuttiyil Mathew Joseph for the position of Chairperson. Furthermore, for the position of Members, they recommended the names of retired Justice S. Muralidhar and retired Justice Akil Abdulhamid Qureshi.

The dismissive approach adopted by the majority of the Selection Committee in the meeting held on 18th December towards the aforesaid considerations is called 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 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 dissent note adds.

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