Section 4: Appointment of Chairperson and other Members.

(1) The Chairperson and 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 —member; Affairs in the Government of India

(d) Leader of the Opposition in the House of —member; the People

(e) Leader of the Opposition in the Council of —member; States —member: (f) Deputy Chairman of the Council of States

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 vacancy of any member in the Committee referred to in the first proviso to sub-section (1).