Kharge, Rahul Gandhi oppose NHRC Chief and members selection, raise concerns in dissent note

Opposition leaders Mallikarjun Kharge and Rahul Gandhi have formally objected to the process for selecting the new chairperson and members of the National Human Rights Commission (NHRC), describing it as "fundamentally flawed" and "pre-determined." In a dissent note submitted after the selection panel's meeting on December 18, they criticized the process for bypassing the tradition of mutual consultation and consensus that has been integral to such appointments. They argued that the reliance on the numerical majority within the selection committee undermined the fairness and impartiality that is critical to maintaining the NHRC’s credibility and its role in safeguarding human rights in India.

The NHRC, a statutory body established under the Protection of Human Rights Act, 1993, is tasked with the protection and promotion of human rights across the country. Kharge and Gandhi emphasized that the NHRC’s composition must reflect India’s diverse societal fabric, including considerations of regional, caste, community, and religious diversity. This inclusivity, they argued, is essential for the commission to effectively address the unique challenges faced by marginalized communities and to safeguard the rights of citizens, especially those vulnerable to human rights violations. They expressed concern that the committee’s approach would risk diminishing the NHRC's sensitivity to these crucial issues.

Despite the opposition’s objections, the selection committee, headed by Prime Minister Narendra Modi, went ahead with the appointment of Justice (retd) V. Ramasubramanian as NHRC chairperson. Justice Ramasubramanian, a former Supreme Court judge who had served as Chief Justice of the Himachal Pradesh High Court, was appointed after the post had been vacant since June 1, following the end of Justice Arun Kumar Mishra’s tenure. The committee also appointed Priyank Kanoongo, former chairperson of the National Commission for Protection of Child Rights (NCPCR), and Justice (retd) Bidyut Ranjan Sarangi, former Chief Justice of the Jharkhand High Court, as NHRC members.

Kharge and Gandhi proposed the names of Justice (retd) Rohinton Fali Nariman and Justice (retd) K.M. Joseph for the position of NHRC chairperson. They argued that Justice Nariman, known for his intellectual depth and commitment to constitutional values, and Justice Joseph, recognized for his support for individual freedoms and marginalized groups, would provide the NHRC with the required inclusivity and balance. Justice Nariman, a Parsi, and Justice Joseph, a Christian, were presented as ideal candidates to represent the country’s pluralistic society. Both judges have a long history of delivering landmark judgments on issues of constitutional importance, and their inclusion was seen as a step towards making the NHRC more reflective of India’s diverse communities.

Additionally, the leaders recommended the inclusion of Justices S. Muralidhar and Akil Abdulhamid Kureshi as NHRC members. Justice Muralidhar is widely respected for his landmark rulings on issues of social justice, including his work on custodial violence, while Justice Kureshi has been recognized for his strong commitment to constitutional principles. Justice Kureshi, who retired as the Chief Justice of the Rajasthan High Court in 2022, was involved in cases related to fake encounters in Gujarat and had faced government resistance when his appointment as Chief Justice of Madhya Pradesh High Court was blocked in 2018. Both Muralidhar and Kureshi are seen as having an unwavering commitment to upholding human rights and would bring much-needed diversity to the commission.

The selection of members and the chairperson of the NHRC is governed by the Protection of Human Rights Act, which mandates that the selection committee be headed by the Prime Minister and include the Speaker of the Lok Sabha, the Home Minister, the Leader of the Opposition in both the Lok Sabha and Rajya Sabha, and the Deputy Chairperson of the Rajya Sabha. The opposition leaders emphasized that, while merit is important in the selection process, it is equally crucial to ensure that the NHRC reflects India’s diversity and pluralism. They argued that the dismissal of their proposed candidates raises concerns about the impartiality and fairness of the process.

The NHRC plays a pivotal role in the protection of human rights, monitoring compliance with international human rights standards, and addressing complaints regarding violations. Its members are expected to be individuals of high integrity, with a track record of commitment to human rights and constitutional values. With the leadership appointments now finalized, the NHRC’s ability to carry out its mandate will depend largely on its composition, the diversity of perspectives it embodies, and its continued independence from political interference.