Congress leaders Rahul Gandhi and Mallikarjun Kharge have expressed strong dissent over the recent appointments to the National Human Rights Commission (NHRC), citing alleged flaws and a lack of transparency in the selection process. Their objections were raised in a formal dissent note following the announcement of Justice V Ramasubramanian?s appointment as NHRC chairperson.
Congress Challenges Selection Process
Gandhi, Leader of Opposition in the Lok Sabha, and Kharge, Leader of Opposition in the Rajya Sabha, criticized the process as a "pre-determined exercise" that disregarded mutual consultation and consensus. They had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the top post, advocating for their exemplary track records in upholding human rights.
In their dissent note, the leaders also emphasized that the balance of region, religion, and caste had not been considered during the appointments, reflecting what they called a "dismissive approach" by the government.
Recommendations for Diversity
For the position of NHRC members, Gandhi and Kharge suggested the inclusion of Justice S Muralidhar and Justice Akil Abdulhamid Qureshi, both known for their significant contributions to human rights jurisprudence. "Their inclusion would enhance the NHRC's effectiveness and its commitment to diversity," the dissent note stated.
Vacancy and Appointments
The post of NHRC chairperson had been vacant since Justice (retd) Arun Kumar Mishra's tenure ended on June 1. Vijaya Bharathi Sayani served as the acting chairperson during the interim period. On December 18, a high-powered committee chaired by Prime Minister Narendra Modi convened to finalize the appointments. The committee includes the Lok Sabha Speaker, Home Minister, and deputy chairperson of the Rajya Sabha, among others.
Justice V Ramasubramanian, a retired Supreme Court judge, was ultimately chosen as chairperson, while Priyank Kanoongo and Dr. Justice Bidyut Ranjan Sarangi (retd.) were appointed as members. The NHRC confirmed the appointments via a tweet on Monday, stating, "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."
Legal Framework
As per the law, the NHRC chairperson is appointed by the president of India on the recommendation of the selection committee. The committee is tasked with ensuring the appointment of a former Chief Justice of India or a retired Supreme Court judge.
Congress Stands Firm
Despite attending the high-powered committee meeting, both Gandhi and Kharge maintained their reservations. They called for greater inclusivity and transparency in the process, underscoring the need for mutual consensus to uphold the integrity of the NHRC.
The dissent by senior Congress leaders highlights the ongoing friction between the opposition and the government over key institutional appointments, raising questions about the independence and diversity of India's human rights watchdog.
