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CHAPTER II THE NATIONAL HUMAN RIGHTS COMMISSION

Section 4: Appointment of Chairperson and other Members

The Protection of Human Rights Act, 1993

(1) The Chairperson and 1[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 —member; Affairs in the Government of India

(d) Leader of the Opposition in the House of—member;

the People

(e) Leader of the Opposition in the Council of—member;

States

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

Footnotes in the official text

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

Questions on this section

2 questions in 5 of our papers cite Section 4. Try these from the free papers:

  1. 1. Which of the following is a member of the committee whose recommendation is required for appointing the Chairperson of the National Human Rights Commission?

Practise questions on Human Rights Law