“The SCA in its previous sessions, noting the NHRC position that the members of the selection committee are elected officials accountable to the people of India and include voices from diverse political perspectives, highlighted that:
In accordance with Section 4 of the Act, the Chairperson and other members of the NHRC are appointed by the President of India based on the recommendation of a committee consisting of the Prime Minister, the Speaker of the House of the People, the Minister in-charge of the Ministry of Human Affairs in the government of India, the Leader of the Opposition in the House of the People, the Leader of the Opposition in the Council of States, and the Deputy Chairperson of the Council of States.
The SCA expressed concerns that the process and provisions of the PHRA was not sufficient, and it did not promote broad consultation or participation in the selection process, nor maximize the number of candidates from a wide range of groups.
The SCA notes the responses provided both in writing and in the interview that:
- the current selection and appointment process outlined in its enabling law is clear, transparent, and participatory
- the selection process is all inclusive and that any person can send a nomination to the Government
- the requirement for advertisement will deny NHRC the services of men and women of high repute as they are not seeking jobs rather are performing higher duties
- SCA observations on selection and appointment have been presented to the Government to initiate suitable changes in its enabling law for consideration by Parliament
- A selection process was conducted in December 2024 and that the current Chairperson is a product of that process
The SCA acknowledges the appointment of the Chairperson and the proposal for amendments to the PHRA. However, the SCA remains concerned that the process enshrined in the PHRA and by which the Chairperson was recently appointed does not:
- – require the advertisement of vacancies; and
- – specify the process for achieving broad consultation and/or participation in the application, screening, selection, and appointment process.
The SCA further indicated that it is critically important to ensure the formalization of a clear, transparent, and participatory selection and appointment process for an NHRI decision-making body in relevant legislation, regulations, or binding administrative guidelines, as appropriate. A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.
The SCA therefore restates its previous recommendation and encourages the NHRC to continue advocating for the formalization and application of a process that includes requirements to:
- Publicize vacancies broadly; and
- Promote broad consultation and / or participation in the application, screening, selection and appointment process.
The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’”