"Fundamentally Flawed Process": Congress On Rights Panel Chief Selection

A day after President Droupadi Murmu appointed former Supreme Court judge Justice V Ramasubramanian as National Human Rights Commission (NHRC) chairperson, the main opposition Congress issued a dissent note today and said the selection process was "fundamentally flawed".

Rahul Gandhi, the Leader of the Opposition in Lok Sabha, and his Rajya Sabha counterpart Mallikarjun Kharge have recorded their dissent "without prejudice to the names of the Chairperson and members approved by the Selection Committee".

The two leaders have said the selection committee meeting took place on Wednesday. "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 finalise the names, disregarding the legitimate concerns and perspectives raised during the meeting," they said in the dissent note.

The Opposition leaders said the NHRC is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens, particularly those from marginalised sections of society. "Its 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," they said.

The Congress leaders had proposed the names of former Supreme Court judges, Justice Rohinton Fali Nariman and Justice KM Joseph for the chairperson's post, "keeping in mind both merit and the need for inclusivity".

"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 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," they said.

For the positions of NHRC members, the Congress leaders said, they had recommended the names of Justice S Muralidhar, former Chief Justice of Orissa High Court, and Justice Akil Abdulhamid Qureshi, former Chief Justice of Rajasthan and Tripura high courts.

"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 said.

"Thirdly, 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. 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," it added. The Congress leaders flagged the "dismissive approach" adopted by the majority of the Selection Committee and termed it "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," they said.

While Justice Ramasubramanian was named NHRC chairperson, Priyank Kanoongo and Dr Justice Bidyut Ranjan Sarangi have been appointed members of the rights panel. While Mr Kanoongo is the former chairperson of the National Commission for Protection of Child Rights, Justice Sarangi is the former Chief Justice of Jharkhand High Court.