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5.3. Appointment

The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the Chief Minister as its head, the Speaker of the Legislative Assembly, the state Home Minister and the Leader of the Opposition in the Legislative Assembly.

In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee. Further, a sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.