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

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Footnote -

1. Subs. by s. 4, ibid., for "other Members" (w.e.f. 23-11-2006)

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