Section 5 — Resignation and removal of Chairperson and Members.

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[5. Resignation and removal of Chairperson and Members.—(1) The Chairperson or any 

Member may, by notice in writing under his hand addressed to the President of India, resign his office. 

(2)  Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be 

removed from his office by order of the President of India on the ground of proved misbehaviour or 

incapacity after the Supreme Court, on 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 the Member, as the case may be, ought on any such ground to be removed. 

(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the 

Chairperson or any Member if the Chairperson or such 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.] 

                                                           
1. Subs. by Act 19 of 2019, s. 3, for certain words (w.e.f. 2-8-2019). 

2. Subs. by Act 43 of 2006, s. 4, for “other Members” (w.e.f. 23-11-2006). 

3. Subs. by s. 4, ibid., for “vacancy in the Committee” (w.e.f. 23-11-2006). 

4. Subs. by s. 5, ibid., for section 5  (w.e.f. 23-11-2006). 

(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: 

http://indiankanoon.org/doc/189892/
http://indiankanoon.org/doc/1575989/


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