22. Appointment of Chairperson and 1 [Members] of State Commission.—(1) The Chairperson and 1 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 2 [any vacancy of any Member in the Committee referred to in sub-section (1)].

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Footnote -

1. Subs. by s. 13, ibid., for "other Members" (w.e.f. 23-11-2006).

2. Subs. by s. 13, ibid., for "any vacancy in the Committee" (w.e.f. 23-11-2006).