Protection of Human Rights Act 1993
Section 22 :
Appointment of Chairperson and 1.[Members] of State Commission :
(1) The Chairperson and 1.[Members] shall be appointed by the Governor by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of,
(a) the Chief Minister – Chairperson;
(b) Speaker of the Legislative Assembly – Member;
(c) Minister in-charge of the Department of Home in that State – Member;
(d) Leader of the Opposition in the Legislative Assembly – Member:
Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee:
Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after consultation with the Chief Justice of the High Court of the concerned State.
(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason of 2.[any vacancy of any Member in the Committee referred to in sub-section (1)].
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1. Substituted for “other Members” by Act 43 of 2006, Section 13 (w.e.f. 23.11.2006).
2. Substituted for “any vacancy in the Committee” by Act 43 of 2006, Section 13 (w.e.f. 23.11.2006).
