Kharge and Gandhi proposed Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the chairperson position. However, Justice (Retd.) V. Ramasubramanian, a former Supreme Court judge, was appointed as the new NHRC chairperson. The position had been vacant since Justice (Retd.) Arun Kumar Mishra’s tenure ended on June 1, 2024. A high-powered committee led by Prime Minister Narendra Modi met on December 18 to finalize the selection.
NEW DELHI: Leaders of Opposition Mallikarjun Kharge and Rahul Gandhi writes a dissent letter over the selection process for appointing the chairperson and members of the National Human Rights Commission (NHRC).
They described the process as “fundamentally flawed” and a “pre-determined exercise” that disregarded mutual consultation and consensus.
Kharge and Gandhi proposed Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the chairperson position. However, Justice (Retd.) V. Ramasubramanian, a former Supreme Court judge, was appointed as the new NHRC chairperson. The position had been vacant since Justice (Retd.) Arun Kumar Mishra’s tenure ended on June 1, 2024. A high-powered committee led by Prime Minister Narendra Modi met on December 18 to finalize the selection.
In their dissent note, Kharge and Gandhi criticized the committee for relying on a numerical majority rather than fostering deliberation and consensus. They argued that this approach undermined fairness and impartiality, essential for the credibility of the NHRC and its selection process. They emphasized that the NHRC, as a statutory body safeguarding fundamental rights, must have an inclusive and representative leadership to address the unique challenges faced by marginalized communities.
“It was a pre-planned process that bypassed the customary practice of mutual consultation and consensus, which are crucial in such decisions. This deviation weakens the principles of fairness and impartiality, which are vital to maintaining the Selection Committee’s credibility,”
their 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.
Highlighting their recommendations, the dissent note cited Justice Rohinton Fali Nariman’s intellectual depth and commitment to constitutional values, representing the minority Parsi community. Similarly, Justice Kuttiyil Mathew Joseph was praised for his judgments protecting individual freedoms and marginalized groups, reflecting his dedication to inclusivity as a member of the Christian minority.
For NHRC members, they proposed Justice S. Muralidhar, known for landmark judgments on custodial violence and civil liberties, and Justice Akil Abdulhamid Qureshi, recognized for his defense of constitutional principles and governance accountability. Both, they argued, would strengthen the NHRC’s effectiveness and diversity.
“This balance is essential for ensuring that the NHRC functions with an inclusive perspective, attuned to the lived realities of all segments of society. Ignoring this vital principle risks undermining public confidence in this esteemed institution,”
the dissent note emphasized.
“Furthermore, the dismissive stance taken by the majority of the Selection Committee during today’s meeting towards these considerations is deeply unfortunate. The credibility and effectiveness of the NHRC hinge on its ability to uphold the diversity and inclusivity that are central to India’s constitutional values,”
the note dated December 18 stated.
“The names we recommended embody these principles and align with the core values of the commission. Their omission raises serious doubts about the fairness and impartiality of the selection process,”
Kharge and Gandhi remarked.
The NHRC’s credibility, they stated, depends on inclusiveness and representation aligned with constitutional values. The committee’s dismissal of these concerns was deemed regrettable and raised questions about impartiality in the selection process.
Retired Supreme Court Judge V. Ramasubramanian, hailing from Tamil Nadu, has been appointed as the Chairman of the National Human Rights Commission (NHRC) by President Droupadi Murmu. This significant announcement was officially communicated through a letter issued by Niraj Kumar Bansod, Joint Secretary (IS-II) at the Ministry of Home Affairs.
The letter stated,
“I enclose herewith the warrant signed by the Hon’ble President of India for the appointment as Chairperson, National Human Rights Commission in terms of Section 3(2)(a) of the Protection of Human Rights Act, 1993.”
Justice Ramasubramanian has had a distinguished career as a judge in the Supreme Court of India and is well-known for his dedication to justice and human rights. His new role will place him at the helm of the NHRC, a body that plays a crucial part in ensuring the protection and promotion of human rights in the country.
The communication further requested, “You are requested to kindly join the Commission at the earliest.”
The NHRC, through a post on X, confirmed the appointment of Justice (Retd.) V. Ramasubramanian as chairperson, along with Shri Priyank Kanoongo and Dr. Justice Bidyut Ranjan Sarangi (Retd.) as members. Kanoongo previously chaired the National Commission for Protection of Child Rights (NCPCR).
The selection committee, headed by the Prime Minister, includes the Lok Sabha Speaker, Home Minister, Leaders of Opposition in both Houses of Parliament, and the Deputy Chairperson of the Rajya Sabha. Both Kharge and Gandhi participated in the meeting as Leaders of Opposition in the Rajya Sabha and Lok Sabha, respectively.
View NHRC Dissent Letter
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