The Protection of Human Rights Act,1993
Section 22. Appointments of Chairperson and Members of State Commission
Appointments 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 also 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 member 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)].
1. The words “other Members” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.
2. The words “any vacancy in the Committee” Subs. by Act No. 43 of 2006 w.e.f. 13-9-2006.