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