Selection process for NHRC chair 'flawed', 'predetermined': Rahul Gandhi, Kharge

New Delhi: Leader of the Opposition in the Lok Sabha Rahul Gandhi and Leader of the Opposition in the Rajya Sabha Mallikarjun Kharge said Tuesday that the Committee's selection procedure was seriously flawed, one day after retired Supreme Court Justice V. Ramasubramanian was named the Chairperson of the National Human Rights Commission (NHRC).

They characterised it as a predetermined exercise that disregarded the long-standing custom of consensus-building and reciprocal consultation. Kharge and Gandhi attended the December 18 meeting of the high-ranking committee that Prime Minister Narendra Modi leads to choose the chairperson of the NHRC.

In a dissent note signed by Kharge and Rahul Gandhi, they claimed that, given the merit and need for inclusivity in the chair, they nominated Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the role 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.

They suggested Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi for member positions, both of whom have a proven track record of 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, TNIE reported.

The leaders also said that the process was pre-planned and ignored the established tradition of mutual consultation and consensus, which is required in such situations. They contended that this deviation undermined the norms of fairness and impartiality, which are crucial to the Selection Committee's credibility.

Instead of encouraging deliberation and securing a communal choice, the Committee used its numerical majority to finalise the names, ignoring legitimate concerns and viewpoints offered during the meeting.

The letter went on to say that the NHRC is an important legislative body tasked with protecting all citizens' fundamental human rights, particularly those from oppressed and marginalised communities.

Its capacity to accomplish this purpose is heavily reliant on the inclusiveness and representativeness of its composition. A diversified leadership ensures that the NHRC stays sensitive to the unique issues confronting various communities, particularly those most at risk of human rights violations.

The leaders also emphasised the importance of maintaining a balance that represents the nation's regional, caste, community, and religious diversity, while recognising that merit must remain the key 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.

Congress leaders expressed regret for the majority of the Selection Committee's dismissive reaction 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.

Since Justice (retired) Arun Kumar Mishra's term ended on June 1, the position of NHRC Chairperson has remained unfilled.