'Pre-Determined Exercise, Fundamentally Flawed': Congress On Appointment Of NHRC Chief

Leaders of Opposition Mallikarjun Kharge and Rahul Gandhi had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of the NHRC chairperson. 

File photo of Congress leaders Mallikarjun Kharge and Rahul Gandhi.

Source : PTI

The Congress on Tuesday recorded their dissent over the selection of the chairperson and members of the National Human Rights Commission (NHRC) on the grounds that the process adopted was "fundamentally flawed" and a "pre-determined exercise" that ignored mutual consultation and consensus.

Leaders of Opposition Mallikarjun Kharge and Rahul Gandhi had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of the NHRC chairperson. 

However, former Supreme Court judge V Ramasubramanian was appointed as the chairperson of the rights panel.

The post of NHRC chairperson had been lying vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1.

The meeting of the Selection Committee for picking the chairperson and members of the NHRC was held on December 18 at the Parliament House.

In their dissent note, Kharge and Gandhi recorded their disagreement stating that 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," the Congress dissent note said.

"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," Kharge and Gandhi said.

The Congress 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 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," the dissent note stated.

"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. 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," they said. 

On December 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.

Justice (retd) Ramasubramanian, a former judge of the apex court, has been appointed the chairperson of the NHRC. Former CJIs H L Dattu and K G Balakrishnan are among those who have headed the rights body in the past.

Congress president Kharge and Gandhi attended the meeting as leaders of the opposition (LoPs) in Rajya Sabha and Lok Sabha respectively. 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.