Appointment of Rights panel chief, members fundamentally flawed and pre-determined: Congress

A day after President Droupadi Murmu appointed former Supreme Court judge Justice V Ramasubramanian as the next chairperson of the National Human Rights Commission (NHRC), senior Congress leaders on Dec 24 expressed their dissent over the selection of the chairperson and members of the rights panel calling the process ‘’pre-determined and fundamentally flawed’’.

President Mallikarjun Kharge and senior leader Rahul Gandhi in a dissent note claimed the process adopted was “fundamentally flawed” and a “pre-determined” exercise that ignored mutual consultation and consensus.

The Congress leaders had proposed the names of Justice Rohinton Fali Nariman and Justice KM Joseph for the position of chairperson.

The post of NHRC chairperson had been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1. Justice (Retd) V Ramasubramanian has been appointed as the 9th Chairperson of NHRC for a tenure of three years until December 2027.

“Firstly, the selection process adopted by the committee was 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,” read the dissent note highlighting the disagreement.

The Selection Committee meeting to pick the chairperson and members of the NHRC was held on Dec 18 at Parliament House.

Instead of deliberations to ensure 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 leaders said in the dissent note issued by the Congress party on Dec 24.

The leaders said the NHRC is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens — particularly those from the 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 dissent note read.

‘Justice Rohinton Fali Nariman well deserved’

“We proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson, keeping in mind both merit and the need for inclusivity,” the note said.

Kharge is the leader of the opposition in the Rajya Sabha, while Rahul is the leader of the opposition in the Lok Sabha.

“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,” the note said.

In a joint statement, Kharge and Gandhi argued Justice Joseph, a former Supreme Court judge belonging to the minority Christian community, has consistently delivered judgments that emphasize individual freedoms and the protection of marginalized 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 statement reads.

Justice Muralidhar is widely respected for his landmark judgments advancing social justice, including his work on custodial violence and the protection of civil liberties, and Justice Qureshi, belonging to the Muslim minority community, has consistently defended constitutional principles and demonstrated a strong commitment to accountability in governance, the two senior Congress leaders said.

Their inclusion would contribute to the NHRC's effectiveness and its commitment to diversity, the dissent note read.

While merit is undeniably the primary criterion, maintaining a balance that reflects the regional, caste, community, and religious diversity of the nation is equally important, it said.

“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,” the note read.

“Lastly, the dismissive approach adopted by the majority of the Selection Committee in today's meeting towards these considerations is 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 dissent note issued on Dec 18 said.

“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.

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

A former chief justice of India or a retired judge of the top court is appointed as NHRC chairperson by the president on the recommendation of the selection committee.

The selection process adopted by the committee was fundamentally flawed. It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus.

Notably, Prime Minister Narendra Modi heads the panel which selects the NHRC chief. The panel has the Lok Sabha Speaker, home minister, leader of the opposition in Lok Sabha, leader of the opposition in Rajya Sabha, and deputy chairperson of Rajya Sabha as its members.