Congress criticises NHRC appointment process, terms it ‘fundamentally flawed'

The Congress has criticised the selection process for the appointment of Justice V. Ramasubramanian as the chairperson of the National Human Rights Commission (NHRC), describing it as “predetermined” and lacking fairness.

The party alleged that the selection committee relied solely on its numerical majority, disregarding the need for mutual consultation and consensus, and ignored critical considerations such as regional, caste, community, and religious diversity.

The NHRC chairperson and members are appointed by the president based on recommendations from a committee led by the prime minister and comprising senior parliamentary leaders, including opposition members. Congress representatives in the committee, Rahul Gandhi and Mallikarjun Kharge, expressed dissent over the process, arguing that the established tradition of collective deliberation was overlooked.

The Congress leaders proposed Justices Rohinton Fali Nariman and Kuttiyil Mathew Joseph for the chairperson role, emphasising merit and inclusivity. Justice Nariman, a prominent jurist from the Parsi community, and Justice Joseph, a Christian, were suggested to enhance the commission’s representational balance. Similarly, for the positions of NHRC members, the party recommended Justices S. Muralidhar and Akil Abdulhamid Qureshi, citing their exceptional track records in upholding human rights.

Justice Muralidhar, who retired as the chief justice of the Orissa High Court in 2023, gained recognition for his judicial interventions during the 2020 Delhi riots, where he ordered the registration of cases against political leaders for alleged hate speeches. Justice Qureshi, who retired as the chief justice of the Rajasthan High Court in 2022, is noted for his decision in the Sohrabuddin case, where he remanded then-Gujarat home minister Amit Shah to police custody in 2010.

The Congress argued that while merit remains a vital criterion, ensuring diversity within the NHRC is equally important to reflect the nation’s constitutional ethos. By neglecting these considerations, the committee risked undermining the commission’s credibility and public trust.

The dissent note also highlighted concerns about the committee’s approach during the December 18 meeting, describing it as dismissive of alternative perspectives. The Congress claimed that the absence of inclusivity in the final selections could erode the NHRC’s ability to address the lived experiences of all sections of society.

Justice Ramasubramanian’s appointment fills the vacancy left by Justice Arun Mishra, who retired in June. Besides, Priyank Kanoongo, former chairperson of the National Commission for Protection of Child Rights, and retired Justice Bidyut Ranjan Sarangi have been appointed as NHRC members.