New Delhi: A day after former Supreme Court judge V. Ramasubramanian was appointed as the chairperson of the National Human Rights Commission (NHRC), the Congress in a dissent note called the selection process a “predetermined exercise” that was “fundamentally flawed,” adding that the committee had “relied on its numerical majority to finalise the names” and that the balance of “region, caste, community, and religious diversity of the nation” had been ignored.
“It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters,” said leader of opposition in the Lok Sabha, Rahul Gandhi, and Mallikarjun Kharge, the leader of opposition in the Rajya Sabha, in a joint dissent note.
“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 collective decision, the Committee relied on its numerical majority to finalise the names, disregarding the legitimate concerns and perspectives raised during the meeting,” the note said.
The chairperson and members of the commission are appointed by the president on the basis of recommendations of a committee comprising the prime minister as the chairperson, the speaker of the Lok Sabha, the home minister, the leaders of the opposition in the Lok Sabha and Rajya Sabha and the deputy chairman of the Rajya Sabha as members.
According to the note, the two Congress leaders had proposed the names of justices Rohinton Fali Nariman and Kuttiyil Mathew Joseph for the position of the chairperson, “keeping in mind both merit and the need for inclusivity.” Nariman belongs to the Parsi community while Joseph is a Christian.
For the positions of NHRC members, the note said that they had recommended Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi as the two “have exemplary track records in upholding human rights.”
Justice Muralidhar retired as the chief justice of the Orissa high court in 2023 and previously served as a Delhi high court judge. As a judge of the Delhi high court, he passed four crucial orders on February 26, 2020 – during the riots in the capital. One of those orders asked the Delhi police to register a first information report against BJP leaders – including Anurag Thakur – for alleged hate speeches that petitioners said instigated the riots.
Following these orders, the government notified his transfer to the Punjab and Haryana high court – recommended earlier by the collegium – late at night on February 26, without allocating the customary two weeks for the judge to wrap up business. Justice Muralidhar also convicted Congress leader Sajjan Kumar for his role in the 1984 massacre of Sikhs.
Justice Qureshi, on the other hand, retired as the chief justice of the Rajasthan high court in 2022. In 2010, he had remanded Union home minister Amit Shah to police custody for two days in the Sohrabuddin case.
The dissent note states that “while merit is undeniably the primary criteria, maintaining a balance that reflects regional, caste, community, and religious diversity of the nation is equally important.”
“The 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,” it says.
The two Congress MPs said that at the meeting held on December 18, the “dismissive approach” adopted by the selection committee is “deeply regrettable.”
“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,” the note added.
In a statement on Monday, December 23, the NHRC announced justice Ramasubramanian’s appointment, filling the post of the chairperson that had been lying vacant since June after justice Arun Mishra retired. In addition, Priyank Kanoongo, who previously served as the chairperson of the National Commission for Protection of Child Rights, and retired justice Bidyut Ranjan Sarangi have been appointed as the members of the commission.
