Commission appointments require judicial consultation, with fixed tenure and senior Judicial Member continuity during Chairperson vacancies or incapacity.

Appointment of the Chairperson and Members of the Commission is made by the Central Government, with consultation with the Chief Justice of India required for the Chairperson and Judicial Members. Their term is five years or until seventy years of age, whichever is earlier, and service conditions are prescribed. The senior-most Judicial Member performs the Chairperson's role during a vacancy or temporary inability, pending assumption of office by a new Chairperson or resumption by the incumbent.

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