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Section 22 Protection of Human Rights Act 1993: Appointments in State Commission

Section 22 (Appointment of Chairperson and other Members of State Commission) under Chapter V (State Human Rights Commissions) of the Protection of Human Rights Act, 1993 —

❝(1) The Chairperson and 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 any vacancy of any Member in the Committee referred to in sub-section (1).❞



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Notes:

The Protection of Human Rights Act, 1993 (No. 10 of 1994) was amended by:
- the Protection of Human Rights (Amendment) Act, 2000 (No. 49 of 2000) (w.e.f. 11-12-2000);
- the Protection of Human Rights (Amendment) Act, 2006 (No. 43 of 2006) (w.e.f. 23-11-2006).

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