| 197. |
(1) |
Notwithstanding
the provisions of article 124
and 125, the office of a Justice of Appeal or a
Puisne Judge shall not be abolished while there is a
substantive holder thereof. |
Tenure
of office of Judges. |
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(2) |
Subject
to the provisions of this article, a person holding
the office of Judge shall vacate that office on attaining
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(a) |
in
the case of a Puisne Judge, the age of sixty-two years;
and |
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(b) |
in
the case of any other Judge, the age of sixty-five years:
Provided
that – |
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(i) |
the
President, acting after consultation with the Minority
Leader, may permit the Chancellor or the Chief Justice
on attaining the age of sixty-five years to continue
in office until he has attained such later age as may
(before the Chancellor of the Chief Justice has attained
the age of sixty-five years) have been agreed with the
Chancellor or the Chief Justice, as the case may be; |
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(ii) |
the
President, acting in accordance with the advice of the
Judicial Service Commission, may permit a Justice of
Appeal who has attained the age of sixty-five years,
to continue in office until he has attained such later
age as may (before the Justice of Appeal) have been
agreed with the Justice of Appeal; |
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(iii) |
the
President, acting in accordance with the advice of the
Judicial Service Commission, may permit a Puisne Judge
who has attained the age of sixty-two years, to continue
in office until he has attained such later age not exceeding
sixty-five years, as may (before the Judge has attained
the age of sixty-two years) have been agreed with the
Judge; |
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(iv) |
any
continuance in office effected pursuant to paragraph
(i), (ii) or (iii) may from time to time be extended
in like manner as herein before provided; and |
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(v) |
the
President, acting in accordance with the advice of the
Judicial Service Commission, may permit any Judge to
continue in office for such period after attaining the
age at which he is required by the other provisions
of this paragraph to vacate his office as may be necessary
to enable him to deliver judgment or to do any other
thing in relation to any proceedings heard by him before
he attained that age. |
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(3) |
A
Judge may be removed from office only for inability
to perform the functions of his office (whether arising
from infirmity of mind or body or any other cause) or
for misbehaviour, and shall not be so removed except
in accordance with the provisions of this article. |
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(4) |
A
Judge shall be removed from office by the President
if the question of removal of that Judge has, in pursuance
of the next following paragraph, been referred by the
President to a tribunal, and the tribunal has advised
the President that the Judge ought to be removed from
office for inability as aforesaid or for misbehaviour. |
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(5) |
If
the Prime Minister, in the case of the Chancellor or
the Chief Justice, or the Judicial Service Commission,
in the case of any other Judge, represents to the President
that the question of removing such Judge from office
under this article ought to be investigated, then
– |
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(a) |
the
President shall appoint a tribunal, which shall consist
of a Chairman and not less than two other members, selected
by the President, acting in his discretion in the case
of the Chancellor or the Chief Justice or in accordance
with the advice of the Prime minister after consultation
with the Judicial Service Commission in the case of
any other Judge, from among persons who hold or have
held office as a judge of a court having unlimited jurisdiction
in civil and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any such
court or who are qualified to be appointed as any such
judge; and |
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(b) |
the
tribunal shall inquire into the matter and advise the
President whether or not the Judge ought to be removed
from office. |
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(6) |
The
provisions of the Commissions of Inquiry Act as in force
immediately before the commencement of this Constitution
shall, subject to the provisions of this article, apply
as nearly as may be in relation to tribunals appointed
under the preceding paragraph or, as the context may
require, to the members thereof as they apply in relation
to Commissions or Commissioners appointed under that
act, and in such application shall have effect as if
they formed part of this Constitution. |
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(7) |
If
the question of removing a Judge from office has been
referred to a tribunal under paragraph (5), the President
may suspend such Judge from performing the functions
of his office, and any such suspension may at any time
be revoked by the president, and shall in any case cease
to have effect if the tribunal advises the President
that the Judge ought not to be removed from office.
In effecting any such suspension or any revocation of
any such suspension, the President shall act in accordance
with his own deliberate judgment in the case of the
Chancellor or the Chief Justice and in accordance with
the advice of the Chancellor in the case of any other
Judge. |
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(8) |
The
provisions of this article shall be without prejudice
to the provisions of article 128(3). |
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(9) |
(a) |
For
the purposes of paragraph (6) of this article and article
225(5),
the following provisions of the Commissions of Inquiry
Act shall not apply, that is to say – |
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(i) |
section
2 –
the whole section; |
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(ii) |
section
3 –
so much of the section as follows the words "in his
place"; |
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(iii) |
section
5 –
the whole section; |
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(iv) |
section
7 –
the words "after taking such oath or affirmation"; |
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(v) |
section
16 –
the whole section; |
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(b) |
For
the words "Such sums so directed to be paid shall be
paid out of moneys provided by Parliament" in section
15 of the Act there shall be substituted the words "Such
sums so directed to be paid shall be charged on and
paid out of the Consolidated Fund". |
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(c) |
All
powers and duties conferred or imposed on the President
under the Act shall be exercised or performed by him
acting in each case in the manner prescribed by this
Constitution. |
