Section 4
Appointment of Chairperson and other Members.
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.
(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)].
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)].
Notes
1. Subs. by s. 4, ibid., for "other Members" (w.e.f. 23-11-2006)
2. Subs. by Act 43 of 2006, s. 4, for "vacancy in the Committee" (w.e.f. 23-11-2006)
2. Subs. by Act 43 of 2006, s. 4, for "vacancy in the Committee" (w.e.f. 23-11-2006)