Rahul Gandhi and Mallikarjun Kharge, the leaders of the opposition in Parliament, disagreed during the National Human Rights Commission (NHRC) selection panel meeting, stating that the commission’s chairman selection procedure is “fundamentally flawed.” The NHRC’s selection procedure, according to the Congress leaders, was a “pre-determined” exercise that disregarded consensus and mutual consultation.
Although Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph were suggested by both Kharge and Gandhi for the role, retired Supreme Court judge V Ramasubramanian was named chairperson on Monday. On December 18, the selection panel convened to finalise the name of the new NHRC chairperson, 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.”
The Congress MPs claimed that the committee ignored the valid issues and viewpoints expressed during the meeting in favour of finalising the candidates based only on its numerical majority, rather than encouraging discussion and guaranteeing a consensus. Noting that the NHRC is a legally mandated organisation charged with protecting each and every citizen’s fundamental human rights, 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.”
Mentioning the list of names Kharge and Gandhi had submitted for consideration, the dissent note stated that while merit is a significant consideration for the selection panel, it is equally necessary to preserve a balance that reflects the nation’s regional, caste, communal, and religious diversity.
“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.
The law governing the NHRC states that although the prime minister leads the committee that chooses the NHRC chief, its members also include the speaker of the Lok Sabha, the home minister, the leader of the opposition in the Lok Sabha, the leader of the opposition in the Rajya Sabha, and the deputy chairperson of the Rajya Sabha.
