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)].
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)