Chapter II — THE NATIONAL HUMAN RIGHTS COMMISSION

Section 4Appointment of Chairperson and other Members

Section 4: Appointment of Chairperson and other Members

4. Appointment of Chairperson and other Members

(1)

The Chairperson and [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 [vacancy of any member in the Committee referred to in the first proviso to sub-section (1)].

Amendment notes (2)
  1. 1Subs w.e.f. 23-11-2006 Subs. by Act 43 of 2006, s. 4, for "other Members" (w.e.f. 23-11-2006)
  2. 2Subs w.e.f. 23-11-2006 Subs. by s. 4, ibid., for "vacancy in the Committee" (w.e.f. 23-11-2006)