Section 22 — Appointment of Chairperson and other Members of State Commission.

22. Appointment of   Chairperson and 
7
[Members] of State Commission.—(1) The Chairperson 

and 
7
[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— 

                                                           
1. Subs. by Act 19 of 2019, s. 5, for “shall exercise such powers and discharge such functions of the State Commission as it may 

delegate to him” (w.e.f. 2-8-2019). 

2. The second proviso omitted by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,  

vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 

Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 
3. Ins. by Act 43 of 2006, s. 12 (w.e.f. 23-11-2006). 

4. Ins. by Act 19 of 2019, s. 5 (w.e.f. 2-8-2019). 

5. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 

1123(E), for “other than Union territory of Delhi” dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation 

(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

6. Subs. by the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 

1123(E), for “Union territory of Delhi” and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) 

Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

7. Subs. by Act 43 of 2006, s. 13, for “other Members” (w.e.f. 23-11-2006). 

(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: 

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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 
1
[any vacancy of any Member in the Committee referred to in sub-section (1)].