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Section 4 Protection of Human Rights Act 1993: Appointment of Chairperson & other Members

Section 4 (Appointment of Chairperson and other Members) under Chapter II (The National Human Rights Commission) of the Protection of Human Rights Act, 1993 —

❝(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).❞




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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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