Kharge and Gandhi slam ‘pre-determined’ NHRC chief selection, call process flawed

Opposition leaders Mallikarjun Kharge and Rahul Gandhi raised strong objections during the meeting of the National Human Rights Commission (NHRC) selection panel, terming the process of appointing its chairperson as "fundamentally flawed." Both leaders recorded their dissent, alleging the exercise was “pre-determined” and lacked the mutual consultation and consensus vital for such decisions.

The meeting, held on December 18, finalised the appointment of former Supreme Court judge Justice V Ramasubramanian as the NHRC chairperson, a position that had been vacant since June 1 after Justice (retd) Arun Kumar Mishra completed his tenure. Kharge and Gandhi had proposed the names of former Supreme Court judges Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph, but their recommendations were overlooked.

In their dissent note, the Congress leaders criticised the selection process for relying on the committee’s numerical majority instead of fostering deliberation. “It was a pre-determined exercise that ignored the established tradition of mutual consultation and consensus, essential in such matters. This undermines fairness and impartiality, critical to the credibility of the Selection Committee,” the note read.

They underscored the NHRC’s statutory role in safeguarding human rights and emphasised the importance of inclusivity in its leadership. “A diverse leadership ensures the NHRC remains sensitive to the challenges faced by various communities, especially the most vulnerable. Neglecting this principle risks eroding public trust in this institution,” they stated.

Kharge and Gandhi further stressed that while merit should be a key criterion for selecting the NHRC chief, equal weight must be given to ensuring regional, caste, community, and religious diversity. This, they argued, would help the commission adopt a more inclusive perspective reflective of the country’s diversity.

The selection panel, chaired by the Prime Minister, includes the Lok Sabha Speaker, the Home Minister, leaders of the opposition in both Houses of Parliament, and the Deputy Chairperson of the Rajya Sabha. However, the Congress leaders alleged that their legitimate concerns and perspectives were disregarded during the deliberations.

By highlighting procedural shortcomings and the lack of inclusivity, Kharge and Gandhi have drawn attention to the challenges facing the NHRC in maintaining its credibility as a defender of human rights in a diverse and complex society like India.