Congress Leaders Criticize NHRC Selection, Call It a "Pre-Determined Exercise"

On December 23, 2024, President Droupadi Murmu appointed retired Justice V Ramasubramanian as the new Chairperson of the National Human Rights Commission (NHRC). Justice Ramasubramanian, who succeeds retired Justice Arun Kumar Mishra, will take charge of the position that has been vacant since June. Along with him, Priyank Kanoongo and retired Justice Bidyut Ranjan Sarangi were appointed as Members of the Commission.

Congress Leaders Express Dissent Over NHRC Appointment Process

On December 24, 2024, Congress leaders Rahul Gandhi and Mallikarjun Kharge raised concerns over the NHRC selection process, calling it a "pre-determined exercise" that ignored traditional consultation and consensus. Both Gandhi and Kharge, who are part of the high-powered selection committee led by Prime Minister Narendra Modi, claimed the committee disregarded their concerns and used its numerical majority to finalize the appointments.

In their dissent note, the Congress leaders argued that the process undermined fairness and impartiality, which are essential for the credibility of the NHRC. They proposed the names of retired Justices Rohinton Fali Nariman and Kuttiyil Mathew Joseph for the NHRC Chairperson position, citing their merit and commitment to constitutional values. They also recommended Justice S Muralidhar and Justice Akil Abdulhamid Qureshi as NHRC members, emphasizing the importance of diversity and inclusiveness in the Commission's effectiveness.

Controversial Figures Proposed by Congress Leaders 

Justice Rohinton Fali Nariman, who recently criticized the 2019 Ayodhya verdict, has often sparked controversy with his outspoken remarks. He has been critical of the government's stance on secularism and media freedom, notably criticizing the ban on the BBC documentary “India: The Modi Question.”

Justice Kuttiyil Mathew Joseph, who served as Chief Justice of the Uttarakhand High Court before his retirement, faced backlash for his biased reactions during a hearing on hate speech, where his conduct angered the Hindu community.

Justice S Muralidhar, who was transferred from the Delhi High Court in 2020, has been at the center of controversy due to his rulings on the Delhi riots. Critics claim his transfer was politically motivated, though the government maintained it was part of a routine Collegium decision.

Justice Akil Abdulhamid Qureshi, former Chief Justice of the Rajasthan and Tripura High Courts, was transferred from the Madhya Pradesh High Court in 2019 after his recommendation for elevation to the Supreme Court was rejected. His transfer sparked controversy, with his supporters framing it as a slight by the government.

Conclusion

The Congress leaders' push for the appointment of controversial figures such as Justice Nariman and Justice Joseph raises questions about their priorities in strengthening the NHRC. Critics argue that their focus on individuals with contentious records undermines the credibility of the institution. With the NHRC's credibility depending on its ability to represent India's diverse society, the ongoing debate over the selection process continues to generate significant political discourse.