(1)

The Chairperson and [the Members] [Substituted by Act 43 of 2006, Section 4, for "other Members " (w.e.f. 23.11.2006).] 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

(b) Speaker of the House of the People (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(e) Leader of the Opposition in the Council of States Member;

(f) Deputy Chairman of the Council of States Member:

(2)

No appointment of a Chairperson or a Member shall be invalid merely by reason of any [vacancy of any Member in the Committee referred to in the first proviso to sub-section (1)] [Substituted by Act 43 of 2006, Section 4, for "vacancy in the Committee " (w.e.f. 23.11.2006).].