‘Process is fundamentally flawed’: Rahul Gandhi, Kharge’s dissent on appointment of NHRC chairman

Both Kharge and Gandhi had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of chairperson but former Supreme Court judge V Ramasubramanian has been appointed.

By: Express Web Desk

New Delhi | Updated: December 24, 2024 10:33 AM IST

3 min read

Kharge and Gandhi are members of the NHRC panel as they hold the Leader of Opposition posts in Parliament.

Leaders of Opposition in Parliament Mallikarjun Kharge and Rahul Gandhi expressed their disagreement at the meeting of selection panel of the National Human Rights Commission (NHRC), recording that the process for choosing the chairperson of the commission is “fundamentally flawed”. The Congress leaders said that the selection process adopted by the NHRC was a “pre-determined” exercise that ignored mutual consultation and consensus.

While both Kharge and Gandhi proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position but former Supreme Court judge V Ramasubramanian was appointed as the chairperson on Monday.

The meeting of the selection panel for finalising the name of the new NHRC chairperson was held on December 18, and the post had been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1.

The dissent note submitted by Kharge and Gandhi said, “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, the Congress MPs said.

Pointing out that NHRC is a statutory body tasked with safeguarding the fundamental human rights of all citizens, the two mentioned in their note, “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.”

The dissent note, mentioning the list of names Kharge and Gandhi had put up for consideration, said that while merit is an important factor for the selection panel, maintaining a balance that reflects the regional, caste, community, and religious diversity of the nation is equally important.

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“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 dissent note said.

According to the law governing NHRC, while the committee which selects the NHRC chief is headed by the prime minister, it 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.

With inputs from PTI

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