‘Pre-ordained practice’: Kharge and Rahul disagree in NHRC selection panel meeting

Leaders of the Opposition Mallikarjun Kharge and Rahul Gandhi had recorded their disagreement with the selection of the chairman and members of the National Human Rights Commission, saying the process followed was “fundamentally flawed” and a “premeditated” exercise that ignored mutual consultation. and consent.

They proposed the names of Justice Rohinton Foli Nariman and Justice Kuttil Mathew Joseph for the chairmanship. However, former Supreme Court judge V. Ramasubramanian has been appointed as the new chairman of NHRC.

After Justice (retired) Arun Kumar Mishra completed his tenure on June 1, the post of Chairman of the National Human Rights Commission was vacant.

The meeting of the Chairman and Member Selection Committee of the National Human Rights Commission was held on 18th of November at Parliament House.

In their dissent notes, Mr. Kharge and Mr. Gandhi recorded their dissent on the ground that the selection process adopted by the committee was fundamentally flawed.

“It was a pre-determined practice 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,” they disagreed. Note said.

Instead of promoting discussion and ensuring a collective decision, the committee relied on its numerical majority to finalize the names, ignoring the legitimate concerns and viewpoints raised in the meeting, Kharge and Gandhi said.

They said that the NHRC is an important statutory body responsible for protecting the fundamental human rights of all citizens, especially the oppressed and marginalized sections of the society.

“The ability to fulfill this mandate depends crucially on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by diverse communities, particularly those most vulnerable to human rights violations,” their dissenting note reads. .

“We have proposed the names of Justice Rohinton Foli Nariman and Justice Kuttil Mathew Joseph for the post of Chairman keeping in mind both merit and inclusiveness.

“Judge Rohinton Fali Nariman, an eminent jurist from the minority Parsi community, is known for his intellectual depth and unwavering commitment to constitutional values. His induction will send a strong message about the NHRC’s dedication to representing India’s pluralistic society,” they said.

Likewise, Justice Joseph, a former Supreme Court judge from the minority Christian community, has consistently delivered judgments emphasizing individual liberty and protection of marginalized groups, making him an ideal candidate for this important position, Mr. Kharge and Mr. Gandhi. said

“Furthermore, for the post of members, we recommended the names of Justice S. Muralidhar and Justice Aqeel Abdulhamid Qureshi, both with exemplary track records in the protection of human rights,” they said.

Justice Muralidhar is widely respected for landmark decisions that advance social justice, including protections against custodial violence and civil liberties, and Justice Qureshi, a member of the Muslim minority community, has consistently upheld constitutional principles. has defended and demonstrated a strong commitment to accountability. Good governance, the two leaders said.

Their inclusion will contribute to NHRC’s effectiveness and commitment to diversity, the dissent note said.

While merit is undeniably the primary criterion, it is equally important to maintain a balance reflecting the regional, caste, community and religious diversity of the nation, it said.

“This balance ensures that the NHRC functions in an inclusive perspective, sensitive to the life experiences of all sections of the society. By neglecting this important principle, the committee risks undermining public confidence in this venerable institution,” the dissent note said.

“Finally, the dismissive approach taken by the majority of the Select Committee in today’s meeting to these views is deeply regrettable. The NHRC’s credibility and effectiveness rest on its ability to embody the diversity and inclusiveness that defines India’s constitutional ethos. Depends,” the dissent noted. said on December 18.

“The names proposed by us reflect this sentiment and are in line with the basic principles of the Commission. Their exclusion raises significant concerns about the fairness and impartiality of the selection process,” Mr. Kharge and Mr. Gandhi said.

On December 18, a high-powered committee headed by Prime Minister Narendra Modi met to elect the next chairman of the NHRC.

A former Chief Justice of India or a retired judge of the Supreme Court is appointed as the NHRC Chairman by the President on the recommendation of the Selection Committee.

Former Supreme Court Judge Justice (retd) Ramasubramanian has been appointed as the Chairman of NHRC. Former CJIs HL Dattu and KG Balakrishnan are among those who have headed the authority in the past.

The NHRC said in a post on X, “The Hon’ble President of India appoints Mr. Justice V. Ramasubramanian (Retd.) as Chairman, and appoints Mr. Priyank Kanungo and Dr. Justice Vidyut Ranjan Sarangi (Retd.) as Members. National Human Rights Commission (NHRC ), India.” Kanungo previously served as the Chairman of the National Commission for Protection of Child Rights (NCPCR).

Congress President Mr. Kharge and Mr. Gandhi attended the meeting as Leaders of Opposition (LoPs) in Rajya Sabha and Lok Sabha respectively.

According to the rules of the National Human Rights Commission, the committee to select the head of the National Human Rights Commission is chaired by the Prime Minister and consists of Lok Sabha Speaker, Home Minister, Leader of the Opposition in the Lok Sabha, Leader of the Opposition in the Rajya Sabha and Deputy Speaker. As a member of the Rajya Sabha.

Leave a Comment