Kharge, Rahul Gandhi dissent over NHRC appointments, call process flawed

Leaders of the Opposition Mallikarjun Kharge and Rahul Gandhi have submitted a dissent note on the selection of the National Human Rights Commission (NHRC) chairperson and members, alleging the process was fundamentally flawed. They criticized the Prime Minister Narendra Modi-led committee for relying on its numerical majority, ignoring mutual consultation and consensus. “This undermines fairness and impartiality, which are critical to the credibility of the Selection Committee,” they said.

The NHRC, tasked with safeguarding fundamental human rights, requires inclusivity and diversity in leadership to address challenges faced by marginalized groups, Kharge and Gandhi noted. They proposed Justices (retd) Rohinton Fali Nariman and Kuttiyil Mathew Joseph as candidates for NHRC chief, emphasizing merit and representation. Nariman, a jurist from the Parsi minority, is recognized for his commitment to constitutional values. Joseph, a Christian, has delivered judgments championing individual freedoms and social justice.

For NHRC members, they recommended Justices (retd) S Muralidhar and Akil Kureshi. Muralidhar is respected for advancing social justice and civil liberties, while Kureshi, a Muslim minority judge, has consistently upheld constitutional principles. Kureshi faced controversy in 2018 when the government opposed his appointment as chief justice of the Madhya Pradesh high court, citing a "negative perception."

Despite their dissent, President Droupadi Murmu appointed Justice (retd) V Ramasubramanian as NHRC chairperson, along with Priyank Kanoongo and Justice (retd) Bidyut Ranjan Sarangi as members. Ramasubramanian, a former Supreme Court judge, was involved in key cases, including the 2016 demonetization policy.

The NHRC chairperson’s post had been vacant since June, after Justice (retd) Arun Kumar Mishra completed his tenure. Kharge and Gandhi warned that disregarding diversity risks eroding public trust in the institution.