New Delhi, Dec 24 Congress on Tuesday issued a dissent note a day after President Droupadi Murmu appointed former Supreme Court judge Justice V. Ramasubramanian as National Human Rights Commission (NHRC) chairperson, saying the selection process was fundamentally flawed, predetermined and raise concerns about the impartiality and fairness of the selection process.
Rahul Gandhi, the Leader of Opposition in Lok Sabha and Mallikarjun Kharge, LoP in Rajya Sabha have recorded their dissent "without prejudice to the names of the Chairperson and members approved by the Selection Committee".
The dissent note dated December 18 lists four points.
It says, "Firstly, the selection process adopted by the Committee was fundamentally flawed. 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 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."
The second point reads: "The National Human Rights Commission (NHRC) is a vital statutory body tasked with safeguarding the fundamental human rights of all citizens, particularly those from oppressed and marginalized sections of society. Its ability to fulfil this mandate depends significantly on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by various communities, especially those most vulnerable to human rights violations."
The note says the two Congress leaders had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the position of Chairperson, keeping in mind both merit and the need for inclusivity.
"Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, 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. Similarly, Justice Kuttiyil Mathew Joseph, a former Supreme Court judge, belonging to minority Christian community, has consistently delivered judgments that emphasize individual freedoms and the protection of marginalized groups, making him an ideal candidate for this critical position."
According to the note, Kharge and Gandhi have for the position of members recommended the names of Justice S. Muralidhar and Justice Akil Abdulhamid Qureshi.
The note says that both of them have exemplary track records in upholding human rights. Justice S. Muralidhar is widely respected for his landmark judgments advancing social justice, including his work on custodial violence and the protection of civil liberties. Justice Akil Abdulhamid Qureshi, belonging to the Muslim minority community, has consistently defended constitutional principles and demonstrated a strong commitment to accountability in governance. Their inclusion would contribute to the NHRC's effectiveness and its commitment to diversity.
The third point of the note, mentions, "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.
The fourth and last point says, "Lastly, the dismissive approach adopted by the majority of the Selection Committee in today's meeting towards these considerations is deeply regrettable. The NHRC's credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India's constitutional ethos."
The two leaders in the dissent note said the names they 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," Kharge and Gandhi said in their dissent note.
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