On the same day that a selection committee decided on the name of former Supreme Court Justice V. Ramasubramanian to be the Chairperson of the National Human Rights Commission (NHRC), two Opposition leaders who were part of the committee, wrote a dissent note stating that it was a "pre-determined exercise" that ignored mutual consultation and "legitimate concerns".

Leader of Opposition in the Lok Sabha Rahul Gandhi and Leader of Opposition in the Rajya Sabha Mallikarjun Kharge, who attended the meeting held on December 18 to finalise the names of the Chairperson and members of the NHRC, proposed the names of Justice Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson and former Chief Justice of the Orissa High Court Justice S. Murlidhar and former Chief Justice of the Rajasthan High Court Justice Akil Abdulhamid Kureshi as it members.

"It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such matters. This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee," the note says.

The selection committee also decided to appoint former Chief Justice of the Jharkhand High Court Justice Bidyut Ranjan Sarangi and former Chairperson of the National Commission for Protection of Child Rights Priyank Kanoongo as Members. The Commission consists of a Chairperson, five full-time Members and seven ex-officio Members.

The selection committee comprises the Prime Minister as the Chairperson, and the Speaker of the Lok Sabha, the Union Home Minister, the Deputy Chairman of Rajya Sabha and the Leaders of the Opposition in both Houses of Parliament as members.

"Instead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalize the names, disregarding the legitimate concerns and perspectives raised during the meeting." Gandhi and Kharge claim.

The note recommends the names of former Supreme Court Justice Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson "keeping in mind both merit and the need for inclusivity".

For the position of Members, it recommends the names of former Chief Justice of the Orissa High Court Justice S. Murlidhar and former Chief Justice of the Rajasthan High Court Justice Akil Abdulhamid Kureshi, "both of whom have exemplary track records in upholding human rights"

Kharge and Gandhi have stressed that while merit is the primary criterion, "maintaining a balance that reflects the regional, caste, community, and religious diversity of the nation is equally important. This 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."

The opposition leaders have regretted the "dismissive approach" adopted by the majority of the committee in the meeting towards the above considerations. "The NHRC's credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India's constitutional ethos
", the note says.
On Justice Nariman, who retired in August 2021, the note says that he is a distinguished jurist from the minority Parsi community, "who is renowned for his intellectual depth and unwavering commitment to constitutional values. His inclusion would send a strong message about the NHRC's dedication to representing India's pluralistic society."
On Justice Joseph, who retired in June 2023 and belongs to the minority Christian community, the note says that he has "consistently delivered judgments that emphasize individual freedoms and the protection of marginalized groups, making him an ideal candidate for this critical position.
"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," Gandhi and Kharge have said in the note.

Click here to read/download the note



Rahul GandhiNational Human Rights CommissionMallikarjun Kharge

Tushar Kohli