2 [23. Resignation and Removal of Chairperson or a Member of the State Commission].— 3 [(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed to the Governor, resign his office. (1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such Member, as the case may be, ought on any such ground to be removed.] (2) Notwithstanding anything in 4 [sub-section (1A)] the President may by order remove from office the Chairperson or any 5 [Member] if the Chairperson or such 5 [Member], as the case may be,— (a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or (e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
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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.