Why is there a controversy over the appointment of Chairperson and members in the Human Rights Commission

NHRC: procedure and question of opposition !

After the opposition raised questions on the appointments made in NHRC, it has become important to know how appointments are made in Human Right commission? What questions has the opposition raised on the issue? Apart from Justice V. Ramasubramanian, which was other name was discussed for the chairman of NHRC?…

A controversy has started over the appointment of former Supreme Court judge Justice V. Ramasubramanian as the new chairman of the National Human Rights Commission (NHRC). Congress leader Rahul Gandhi and party president Mallikarjun Kharge have raised questions about the process of appointment of the chairman of NHRC and its members. Both of them termed the process of these appointments in NHRC as fundamentally wrong and ‘pre-determined practice’. After the questions raised by the Congress regarding the appointment of NHRC chairman and its members, political fervor is expected to increase in the country.

After the opposition raised questions on the appointments made in NHRC, it has become important to know how appointments are made in this commission? What questions has the opposition raised on this issue? Apart from Justice V. Ramasubramanian, which other name was discussed for the chairman of NHRC? Let’s know…

It is worth mentioning that the post of NHRC chairman was vacant since the completion of the tenure of retired Justice Arun Kumar Mishra in June this year. It is reported that on December 18, a high-powered committee headed by Prime Minister Narendra Modi held a meeting to select the next chairman of NHRC. In this, the name of Justice Ramasubramanian was discussed.

The NHRC said in a post on X on Monday that the Honorable President of India has appointed Justice V. Ramasubramanian (Retired) as the Chairman and Priyank Kanungo and Dr. Justice Bidyut Ranjan Sarangi (Retired) as members of the National Human Rights Commission. It is notable that Kanungo has previously been the Chairman of the National Commission for Protection of Child Rights (NCPCR).

Who appoints the NHRC chairman and members?

The National Human Rights Commission is constituted of a chairman, four full-time members and seven honorary members. High qualifications have been prescribed in the Constitution for the appointment of the chairman and members of the commission. Appointments in it are made by a high-level committee headed by the Prime Minister. In this

• Prime Minister. – Speaker of Lok Sabha.
• Deputy Chairman of Rajya Sabha.
• Main opposition leaders of both the houses of Parliament (Lok Sabha and Rajya Sabha) and
• Union Home Minister.

On the basis of the recommendations of this committee, the President appoints the Chairman and members of the Human Rights Commission.

What are the rules for appointment of NHRC chairman and members?

Along with the Chief Justice of the Supreme Court, other judges of the Supreme Court can also be appointed as the chairman of the National Human Rights Commission. Former Supreme Court judge Justice Arun Mishra was the first non-CJI to be appointed to the NHRC chief post after the amendment in the Protection of Human Rights Act in 2019. He replaced former Chief Justice of India HL Dattu. NHRC member Vijaya Bharti Sayani became its acting chairman from June 2 after Mishra’s term ended.

The tenure of the chairman and members of the National Human Rights Commission is fixed for 3 years or till the age of 70 years (whichever is earlier). Apart from this, they can also be eligible to be re-appointed.

One member of the commission should be a working or retired Justice of the Supreme Court, one member should be a working or retired Chief Justice of the High Court.

Three other people in the commission should have knowledge or work experience related to human rights. It is necessary to have at least one woman member.

Apart from these full-time members, the Chairpersons of the National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Minorities, National Commission for Women (NCW), National Commission for Backward Classes (NCBC), National Commission for Protection of Child Rights (NCPCR) and Chief Commissioner of the Office of Persons with Disabilities have also been appointed as members of the NHRC.

What are the questions of the opposition on the new appointments?

Leader of Opposition in Lok Sabha Rahul Gandhi and Leader of Opposition in Rajya Sabha Mallikarjun Kharge have expressed their disagreement on the basis of the selection of the Chairperson and members of the NHRC. They described the process adopted for the selection as fundamentally wrong and pre-determined. Both have left a dissent note regarding this, under which it has been said that mutual consultation and consensus were ignored in the appointment.

What was the demand of the opposition regarding the appointment?

1. For the post of Chairman

On behalf of the opposition, the leaders of both the houses had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the post of Chairman of NHRC. He said, “We had proposed the names of Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph for the post of Chairman, keeping in mind the need for merit and inclusion.”

He said, “Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, is renowned for his intellectual knowledge and unwavering commitment to constitutional values. His inclusion would have sent a strong message about the NHRC’s commitment to represent India’s pluralistic society.”

Kharge and Gandhi said that similarly, former Supreme Court judge Justice Joseph, who belongs to the minority Christian community, has consistently given such judgments in which emphasis has been given on individual freedom and protection of marginalized groups. Both said that he would have been an ideal candidate for this important post.

2. For members

He said, “Apart from this, we recommended the names of Justice S. Muralidhar and Justice Aqeel Abdul Hameed Qureshi for the post of members. Both of them have an excellent record in upholding human rights.”

The two leaders said that Justice Muralidhar is widely respected for his landmark decisions advancing social justice, including his work on custodial violence and protection of civil liberties, and Justice Qureshi, belonging to the Muslim minority community, has consistently protected constitutional principles and demonstrated a strong commitment to accountability in governance.

What did the Congress leaders say in the dissent letter?

Their dissent letter said, “This was a pre-determined effort. It ignored the established tradition of mutual consultation and consensus, which is necessary in such cases. This attitude undermines the principles of impartiality, which are important for the credibility of the selection committee.”

Kharge and Gandhi said that instead of promoting consultation and ensuring collective decision, the committee relied on a majority in terms of numbers to finalize the names and ignored the legitimate concerns and views raised during the meeting.