Protection of Human Rights Act 1993
Section 4 :
Appointment of Chairperson and other Members :
(1) The Chairperson and 1.[the Members] shall be appointed by the President by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of
(a) the Prime Minister – Chairperson;
(b) Speaker of the House of the People – Member;
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India – Member;
(d) Leader of the Opposition in the House of the People – Member;
(e) Leader of the Opposition in the Council of States – Member;
(f) Deputy Chairman of the Council of States – Member:
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any 2.[vacancy of any Member in the Committee referred to in the first proviso to sub-section (1)].
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1. Substituted for “other Members” by Act 43 of 2006, Section 4 (w.e.f. 23.11.2006).
2. Substituted for “vacancy in the Committee” by Act 43 of 2006, Section 4 (w.e.f. 23.11.2006).
