Section 40. Grounds of ineligibility for Independent Members.

No person shall be appointed as an Independent Member of the Commission if he - (a) is not a citizen of India; or (b) has been convicted by a court of law or against whom charges have been framed in a court of law; or (c) has been dismissed or removed from service or compulsorily retired on the grounds of corruptions or misconduct; or (d) holds an elected office, including that of Member of Parliament or State Legislature or a local body, or is an office-bearer or member of any political party or any organisation connected with a political party; or (e) is of unsound mind.