Section 22
Appointment of Chairperson and other Members of State Commission.
The Protection of Human Rights Act, 1993
About this Act
An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto.
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)].
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)].
Notes
1. Subs. by s. 13, ibid., for "other Members" (w.e.f. 23-11-2006).
2. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).
2. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).