Act Number: 10

Act Name: The Protection of Human Rights Act, 1993

Year: 1994

Enactment Date: 1994-01-08

Long Title: 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.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 22: Appointment of Chairperson and other Members of State Commission.
    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)].
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).
Scroll to Top