Section 22 in The Protection of Human Rights Act, 1993
22. Appointment of Chairperson and [Members] [Substituted by Act 43 of 2006, Section 13, for "other Members" (w.e.f. 23.11.2006).] of State Commission.
(1)The Chairperson and [Members] [Substituted by Act 43 of 2006, Section 13, for "other Members" (w.e.f. 23.11.2006).] 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 (c) Minister in-charge of the Department of Home in that State (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 [any vacancy of any Member in the Committee referred to in sub-section (1)] [Substituted by Act 43 of 2006, Section 13, for "any vacancy in the Committee" (w.e.f. 23.11.2006).].
