Rights Commission Should be Inclusive and Representative, Say Opposition Leaders

December 24, 2024

Leaders of the opposition have challenged the appointment of Justice V. Ramasubramanian as the chairperson of the National Human Rights Commission (NHRC), alleging that the selection process was fundamentally flawed. Congress party leaders Mallikarjun Kharge and Rahul Gandhi contended that the procedure was predetermined, sidelining mutual consultation and consensus.

The appointment of Justice Ramasubramanian on Dec. 23 followed the retirement of Justice Arun Kumar Mishra on June 1. NHRC member Vijayabharathi Sayani served as the acting chairperson during the interim period. The final selection took place during a meeting on December 18, where the panel chose Ramasubramanian over other nominees proposed by the opposition, as reported by Bar and Bench.

The selection panel included Prime Minister Narendra Modi, Home Minister Amit Shah, Lok Sabha Speaker Om Birla, Rajya Sabha Deputy Chairperson Harivansh Narayan Singh, Lok Sabha Leader of Opposition Gandhi and Rajya Sabha Leader of Opposition Kharge.

In addition to appointing the new chairperson, the selection panel also named Priyank Kanoongo and Justice Bidyut Ranjan Sarangi as members of the NHRC.

Kharge and Gandhi alleged that their recommendations were disregarded. They had proposed Justice Rohinton Fali Nariman and Justice Kuttiyil Mathew Joseph as potential chairpersons, as well as Justice S. Muralidhar and Justice Akil Kureshi for NHRC membership.

In their dissenting note, Congress party leaders expressed strong disapproval of the selection process, stating that the committee’s decision was entirely based on numerical majority to finalise the names, without any consideration for the inclusiveness and representativeness of its composition, as reported by The Hindu.

Justice Ramasubramanian completed his law degree at Madras Law College and was enrolled as a member of the bar in 1983, as noted by Bar and Bench. He practiced law for about 23 years before being appointed as an additional judge of the Madras High Court in 2006, and subsequently as a permanent judge in November 2009. His career includes a transfer to the High Court of Judicature at Hyderabad in 2016, and retention as a judge of the Telangana High Court following the state’s bifurcation on Jan. 1, 2019. Ramasubramanian served as Chief Justice of the Himachal Pradesh High Court from June 22, 2019, until his appointment to the Supreme Court on Sept. 23, 2019. He retired from the Supreme Court on June 29, 2023.

The NHRC is responsible for the promotion and protection of human rights in India. It operates in accordance with the Paris Principles, which were adopted at the first international workshop on national institutions for the promotion and protection of human rights in Paris in October 1991 and subsequently endorsed by the UN General Assembly through Resolution 48/134 on Dec. 20, 1993.

The NHRC’s mandate, as outlined in the Protection of Human Rights Act, includes the investigation of human rights violations, the promotion of human rights awareness and the recommendation of measures to prevent future infringements.

The NHRC, which possesses advisory and investigatory powers but lacks the authority to enforce its recommendations, has faced several criticisms over the years regarding its effectiveness, independence and operational mechanisms. For example, it has been criticised for the slow pace of its investigations, leading to prolonged delays in addressing human rights violations, and for its composition, which does not adequately represent marginalised and vulnerable communities that bear the brunt of these violations.