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:
http://indiankanoon.org/doc/612234/
12
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)].Source footnotes
Document extract. Section boundaries were matched to the arrangement of sections in the official source. Original formatting and footnote placement can differ; check the linked document.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Constitution of a National Human Rights Commission.Section 4 · Appointment of Chairperson and other Members.Section 5 · Resignation and removal of Chairperson and Members.Section 6 · Term of office of Chairperson and Members.Section 7 · Member to act as Chairperson or to discharge his functions in certain circumstances.Section 8 · Terms and conditions of service of Chairperson and Members.India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.