Central Act

The Protection of Human Rights Act, 1993

22. Appointment of Chairperson and 1[Members] of State Commission.---(1) The Chairperson and 1Members 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)].