Synopsis
Rahul Gandhi and Mallikarjun Kharge criticized the selection process for NHRC appointments as flawed and predetermined, lacking mutual consultation. They proposed alternate candidates to ensure merit and inclusivity, stressing the need for social balance. The ruling side followed its usual majority-driven approach.
Leaders of Opposition in Lok Sabha and Rajya Sabha Rahul Gandhi and Mallikarjun Kharge, respectively, have contended that the method adopted by the selection committee meeting on December 18 for the appointment of a new chairman and members of the National Human Rights Commission was “fundamentally flawed” and a “predetermined exercise” that ignored “the tradition of mutual consultation and consensus”, according to the duo’s joint note of dissent.
Earlier, former Supreme Court judge, justice V Ramasubramanian, was named the new chairperson of NHRC and Priyank Kanoongo and retired justice Bidyut Ranjan Sarangi as its members after the selection committee meeting. However, the dissent note dated December 18 also revealed that Kharge and Gandhi had proposed the names of justice Rohinton Fali Nariman and justice Kuttiyil Mathew Joseph for the chairman’s post “keeping in mind both merit and need for inclusivity” and had preferred justice S Muralidhar and justice Akil Abdul Hameed Kureshi as 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. Instead of fostering deliberations and ensuring a collective decision, the committee relied on its numerical majority to finalise the names, disregarding the legitimate concerns and perspective raised during the meeting,” the joint dissent note said.
As per the law, the selection committee is headed by the prime minister, with Union home minister, Lok Sabha Speaker, Leaders of Opposition in Lok Sabha and Rajya Sabha and deputy chairperson of Rajya Sabha as its members. During the various selection committee meetings on key appointments, the ruling sides traditionally have had their way in the appointments while the Opposition sides got their say in the forms of dissent notes.
In their note of dissent, the Leaders of Opposition further claimed that the appointments made were lacking in social balance, adding: “While merit is undeniably 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.”
