New Delhi: Congress leaders Rahul Gandhi and Mallikarjun Kharge have said the selection of former Supreme Court judge V. Ramasubramanian as the chairperson of the National Human Rights Commission (NHRC) was “fundamentally flawed”, adding that the process of consultation was foregone in favour of a numerical majority.
In a joint dissent note, the leaders of the Opposition in the two Houses of Parliament have called the exercise a “predetermined” one that “ignored the established tradition of mutual consultation and consensus, which is essential in such matters”.
The two leaders, part of the committee to choose the chairperson and members of the NHRC, had proposed the names of former Supreme Court judges Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph as the next chairperson in a meeting on 18 December.
The other members of the committee were Prime Minister Narendra Modi, Home Minister Amit Shah, Lok Sabha Speaker Om Birla, and Rajya Sabha Deputy Chairperson Harivansh.
However on Monday, Ramasubramanian was appointed to the post, which had been lying vacant since Justice (retd) Arun Kumar Mishra’s tenure ended on 1 June.
In the 18 December meeting, the senior Congress leaders had also recommended Justice S. Muralidhar and Justice Akil Qureshi—who retired as the chief justices of the Orissa and Rajasthan high courts respectively—as NHRC members.
Gandhi and Kharge said these men would not only add merit but also inclusivity to the rights body.
Incidentally, Muralidhar and Qureshi were overlooked for the position of Supreme Court judges—a decision questioned by many, including Opposition parties and retired top court judges.
In their dissent note, Gandhi and Kharge also underlined what each of their candidates would have brought to the table.
They said the appointment of Justice (retd) Nariman, who belongs to the Parsi community, 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 marginalised groups, making him an ideal candidate for this critical position. 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,” the note added.
Earlier this year, the Geneva-based United Nations-linked Global Alliance of National Human Rights Institutions (GANHRI), which has 120 members, deferred the accreditation of the NHRC for the second consecutive year. Among the reasons cited by GANHRI in 2023 was the lack of transparency in appointing members as well as a lack of diversity.
Alluding to that, the Congress leaders said the NHRC’s ability to fulfil its mandate depended significantly on the inclusiveness and representativeness of its composition.
“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,” they said.
(Edited by Tikli Basu)
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