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Section 4: Appointment of Chairperson and other Members.

The Protection of Human Rights Act, 1993Central Act · Act 10 of 1994

(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)].

Where this provision sits

ActThe Protection of Human Rights Act, 1993
Section4
Marginal noteAppointment of Chairperson and other Members.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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