Section 5. Appointment, term of office, etc., of Chairperson of Commission and Members of Commission.

(1) The Chairperson of the Commission and the Members of the Commission shall be appointed by the Central Government: Provided that the Central Government shall consult the Chief Justice of India before making an appointment to the post of Chairperson of the Commission and Judicial Members of the Commission. (2) The Chairperson of the Commission or a Member of the Commission shall hold office for a term of five years or till he attains the age of seventy years, whichever is earlier. (3) The salaries, allowances and other terms and conditions of holding office of the Chairperson of the Commission and the Members of the Commission shall be such, as may be prescribed. (4) Where a vacancy in the office of the Chairperson of the Commission arises for any reason, the senior-most Judicial Member of the Commission shall act as the Chairperson of the Commission until the date on which a new Chairperson enters upon his office. (5) When the Chairperson of the Commission is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Judicial Member of the Commission shall discharge the functions of the Chairperson of the Commission until the date on which he resumes charge of his office.