Protection of Human Rights Act, 1993
22.Appointment of Chairperson and other Members of State Commission.-
(1) The Chairperson and other 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) Ministers 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 not 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 in the committee.