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โ€œFundamentally Flawedโ€: Congress On NHRC Chief Selection Process

The Opposition Congress Party issued a dissent note on Tuesday, stating that the NHRC Chief selection process was โ€œfundamentally flawedโ€. The dissent comes a day after President Droupadi Murmu appointed a former SC judge as (NHRC) chairperson. Justice V Ramasubramanian was appointed as the National Human Rights Commission (NHRC) chairperson.

The Leader of the Opposition in Lok Sabha Rahul Gandhi recorded his dissent over the selection process. Along with Rahul, the Leader of the Opposition in Rajya Sabha Mallikarjun Kharge also echoed similar sentiments.

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Both leaders alleged that the selection committee meeting took place on Wednesday. They stated that โ€œIt was a predetermined exercise that ignored the established tradition of mutual consultation and consensus, which is essential in such mattersโ€.

The opposition claimed that โ€œThis departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committeeโ€. They also noted that โ€œNHRC is a vital statutory bodyโ€. It is tasked with safeguarding the fundamental human rights of all citizens. And it particularly safeguards those from oppressed and marginalized sections of society.

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In their dissent note they further alleged that โ€œInstead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalize the names. This disregards the legitimate concerns and perspectives raised during the meeting,โ€.

According to both the opposition leaders, the selection process adopted was โ€œfundamentally flawedโ€. It was a โ€œpredeterminedโ€ exercise that ignored mutual consultation and consensus.

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Gandhi and Kharge had proposed the names of former Supreme Court judges for the Chairmanโ€™s post. They suggested the names of Justice Rohinton Fali Nariman and Justice KM Joseph for the post. The opposition kept in mind both merit and the need for inclusivity.

According to the dissent note, โ€œJustice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community. He is renowned for his intellectual depth and unwavering commitment to constitutional valuesโ€.

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As for the NHRC members Kharge and Gandhi recommended the names of Justices (retd) S Muralidhar and Akil Kuresh. According to the Congress leaders, both have exemplary track records in upholding human rights. โ€œโ€ฆMuralidhar is widely respected for his landmark judgments advancing social justice. It also includes his work on custodial violence and the protection of civil liberties.โ€

Furthermore, โ€œJustice Akil Abdulhamid Qureshi, belonging to the Muslim minority community, has consistently defended constitutional principles. He demonstrated a strong commitment to accountability in governance. Their inclusion would contribute to the NHRCโ€™s effectiveness and its commitment to diversity,โ€ the dissent note said

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According to reports, the NHRC chairpersonโ€™s post was vacant since Justice (retd) Arun Kumar Mishra completed his tenure on June 1. Former advocate of the Telangana High Court Vijaya Bharathi Sayani was the acting NHRC chairperson until Monday.

Congress Leader Manickam Tagore supported the dissent. In a post on X, he wrote, โ€œLeader of Opposition Rahul Gandhi ji and Kharge ji recorded our dissent on the flawed selection process for NHRC Chairperson & Members.โ€

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