Section 4 — Appointment of Chairperson and other Members.

(1) The Chairperson and 1 [the Members] shall be appointed by the President by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining the recommendations of a Committee consisting of-- (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: Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be appointed except after consultation with the Chief Justice of India. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any 2 [vacancy of any member in the Committee referred to in the first proviso to sub-section (1) ].

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