'Flawed and predetermined': Congress objects NHRC chairperson appointment

Congress leaders Rahul Gandhi and Mallikarjun Kharge alleged that the appointment process for the chairperson and members of the National Human Rights Commission (NHRC) is 'flawed'

Congress leaders Rahul Gandhi and Mallikarjun Kharge have voiced their objections to the appointment process for the chairperson and members of the National Human Rights Commission (NHRC), arguing that it was a “flawed” and “predetermined” process that overlooked the importance of mutual consultation and consensus.

 

Gandhi, the Leader of Opposition in the Lok Sabha, and Kharge, the Leader of Opposition in the Rajya Sabha, had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the NHRC chairperson position. However, V Ramasubramanian, a former Supreme Court judge, was appointed to the role.

What did the Opposition say?

“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 marginalised groups, making him an ideal candidate for this critical position,” the Opposition said.

 

‘Dismissive approach’ to appointments?

In their dissent note, the Congress leaders pointed out that the appointments did not reflect a balance of region, religion, and caste. They accused the government of taking a “dismissive approach” in the selection process.

 

“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,” their note said.

Who will lead the NHRC next?

Gandhi and Kharge also recommended Justice S Muralidhar and Justice Akil Abdulhamid Qureshi as NHRC members, praising their “exemplary track records in upholding human rights”. They said that their inclusion would enhance the NHRC’s effectiveness and ensure its commitment to diversity.

 

The post of NHRC chairperson had been vacant since June 1, following the retirement of Justice Arun Kumar Mishra. After his departure, Vijaya Bharathi Sayani assumed the role of acting chairperson.

 

On December 18, a high-powered committee, led by Prime Minister Narendra Modi, convened to select the next NHRC chairperson, with Gandhi and Kharge participating in the meeting. 

Under the law governing the NHRC, the selection committee for the chairperson is headed by the Prime Minister and includes the Lok Sabha Speaker, Home Minister, Leaders of Opposition in both the Lok Sabha and Rajya Sabha, and the Deputy Chairperson of Rajya Sabha.

Who appoints the NHRC chairperson?

The President, based on the committee’s recommendations, appoints the NHRC chairperson, who must be a former Chief Justice of India or a retired Supreme Court judge.

 

On Monday, the NHRC said in a post on X (formerly Twitter), “The President of India appoints Justice V Ramasubramanian (retd) as the chairperson, and Priyank Kanoongo and Dr Justice Bidyut Ranjan Sarangi (retd) as the members of the NHRC, India.” Kanoongo had previously served as the chairperson of the National Commission for Protection of Child Rights (NCPCR).

 

[With agency inputs]