Congress Alleges Bias in NHRC Appointment Process; Highlights Lack of Diversity and Consensus

Keywords: NHRC chairperson, Justice V. Ramasubramanian, Congress dissent, Mallikarjun Kharge, Rahul Gandhi, selection process, diversity, inclusiveness, human rights, Justice Nariman, Justice Kuttiyil Mathew Joseph, Justice S. Muralidhar, Justice Akil Qureshi.

In a pointed critique of the recent appointment of Justice (Retd.) V. Ramasubramanian as the National Human Rights Commission (NHRC) chairperson, Congress leaders Mallikarjun Kharge and Rahul Gandhi have condemned the selection process as being “pre-determined” and lacking transparency.

In a dissent note issued after the December 18 meeting of the Selection Committee, chaired by Prime Minister Narendra Modi, the Congress leaders accused the process of undermining principles of fairness and inclusivity. The note criticized the alleged disregard for consultation and consensus, which they argue are vital for ensuring the NHRC’s credibility and impartiality.

Key Allegations Against the Process

Kharge and Gandhi asserted that the selection process sidelined their proposed candidates, who they believe could have contributed to the NHRC’s diversity and effectiveness. The Congress leaders had nominated:

• Justice Rohinton Fali Nariman: A distinguished jurist and member of the Parsi community, lauded for his intellectual depth and commitment to constitutional values.
• Justice Kuttiyil Mathew Joseph: A former Supreme Court judge from the Christian community, known for safeguarding individual freedoms and marginalized groups.

For the positions of NHRC members, they recommended:

• Justice S. Muralidhar: Renowned for delivering landmark judgments on social justice and human rights.
• Justice Akil Abdulhamid Qureshi: A respected figure from the Muslim community, recognized for upholding constitutional integrity and accountability.

The Congress leaders emphasized that these candidates would bring much-needed diversity to the NHRC and strengthen its capacity to address the unique challenges faced by various communities.

Concerns Over Lack of Diversity and Representation

The dissent note underscored the importance of inclusiveness in the NHRC’s leadership, warning that the lack of diversity could weaken public trust in the institution. It stated:

“The NHRC’s ability to fulfil its mandate depends significantly on the inclusiveness and representativeness of its composition. By neglecting this critical principle, the committee risks eroding public trust in this esteemed institution.”

The Congress leaders criticized the Selection Committee for disregarding regional, caste, community, and religious diversity in its appointments. They argued that such oversight undermines the NHRC’s role as a guardian of human rights in a diverse and pluralistic society like India.

Broader Implications for the NHRC

The Congress dissent has sparked a broader debate about the NHRC’s credibility and effectiveness. Critics argue that the lack of consensus and inclusivity in the selection process could affect the commission’s ability to address human rights violations impartially and effectively.

The dissent note also highlighted the need for the NHRC to reflect India’s constitutional ethos, stating,

“The NHRC’s credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India’s constitutional ethos.”

The Road Ahead

This controversy comes at a time when the NHRC’s role in addressing human rights violations is under increased scrutiny. The Congress leaders have called for a more transparent and inclusive selection process to ensure the institution remains sensitive to the needs of all communities, particularly the marginalized and vulnerable.

As the debate unfolds, the onus lies on the government and the NHRC leadership to address these concerns and reaffirm the commission’s commitment to upholding India’s human rights framework. The dissent note serves as a reminder that the NHRC’s credibility depends not just on its actions but also on the principles underlying its leadership and composition.

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