STATE HUMAN RIGHTS COMMISSIONSCentral

Section 22 of The Protection of Human Rights Act, 1993

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

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

Summary

The Governor of a State appoints the Chairperson and Members of the State Human Rights Commission.
These appointments are made based on the recommendations of a special Committee led by the Chief Minister of the State.
The selection Committee also includes the Speaker of the Legislative Assembly, the Home Minister, and the Leader of the Opposition in the Legislative Assembly.
If the State has a Legislative Council, the Chairman of that Council and the Leader of the Opposition in that Council must also be part of the Committee.
A sitting judge of a High Court or a sitting district judge can only be appointed after the Governor consults with the Chief Justice of that State's High Court.
An appointment cannot be challenged or declared invalid just because there is a vacancy in the selection Committee.

Practical examples

1In 2026, Rajasthan wants to appoint a new head for its Human Rights Commission. Governor Kalraj Mishra issues an official appointment order under his hand and seal for a former High Court judge, after getting a formal recommendation letter signed by Chief Minister Bhajan Lal Sharma, who led the selection committee.

2In Maharashtra, which has both a Legislative Assembly and a Legislative Council, the selection committee meets on July 10, 2026. The committee includes Chief Minister Eknath Shinde, Assembly Speaker Rahul Narwekar, Home Minister Devendra Fadnavis, and Opposition leaders from both the Assembly and Council, ensuring all required members vote on the candidate.

3The state of Bihar appoints a sitting district judge, Mr. Ramesh Kumar, to the Commission on September 5, 2026. Before making this official appointment, the Governor conducts a formal consultation with the Chief Justice of the Patna High Court as the law demands.

FAQ

1. Who makes the final appointment of members under Section 22 of the Protection of Human Rights Act, 1993?

Under Section 22 of the Protection of Human Rights Act, 1993, the Governor of the State makes the final appointments by warrant under his hand and seal.

2. Who is part of the selection committee for state human rights commissioners under Section 22 of the Protection of Human Rights Act, 1993?

Under Section 22 of the Protection of Human Rights Act, 1993, the committee consists of the Chief Minister as chairperson, the Speaker of the Legislative Assembly, the Minister in charge of the Home Department, and the Leader of the Opposition in the Legislative Assembly. If a Legislative Council exists, the Chairman and the Leader of the Opposition of that Council are also included.

3. Can an appointment under Section 22 of the Protection of Human Rights Act, 1993 be cancelled if one member seat on the committee was empty?

No, under Section 22 of the Protection of Human Rights Act, 1993, an appointment cannot be declared invalid merely because there was a vacancy of any member in the selection committee.

4. Is there any special requirement to appoint a sitting district judge under Section 22 of the Protection of Human Rights Act, 1993?

Yes, under Section 22 of the Protection of Human Rights Act, 1993, no sitting district judge or sitting High Court judge can be appointed to the State Commission without first consulting the Chief Justice of the High Court of that state.

Test yourself

Q1.Under Section 22 of the Protection of Human Rights Act, 1993, who holds the authority to issue the official warrant of appointment for the Chairperson of a State Commission?

Q2.Under Section 22 of the Protection of Human Rights Act, 1993, if a state has a Legislative Council, which of the following pairs must join the selection committee?

Q3.Under Section 22 of the Protection of Human Rights Act, 1993, what is the consequence if an appointment is made while one member position in the selection committee is vacant?

Q4.Under Section 22 of the Protection of Human Rights Act, 1993, what is required before appointing a sitting High Court Judge to the State Commission?

21PreviousSection 21 Constitution of State Human Rights Commissions.23NextSection 23 Resignation and Removal of a Chairperson or a Member of the State Commission.

←Section 21 Section 23→