(2)
Subject to section 77, the judges of the Supreme Court shall be the Chief Justice,
the Senior Puisne judge and such number of Puisne Judges as may be prescribed
by Parliament:
Provided that the office of a judge shall not be abolished while any person is
holding that office unless he consents to its abolition.
77.
Appointment of judges of Supreme Court
(1)
The Chief Justice shall be appointed by the President acting after consultation with
the Prime Minister.
(2)
The Senior Puisne Judge shall be appointed by the President, acting in accordance
with the advice of the Chief Justice.
(3)
The Puisne Judges shall be appointed by the President, acting in accordance with
the advice of the Judicial and Legal Service Commission.
(4)
No person shall be qualified for appointment as a Judge of the Supreme Court
unless he is, and has been for at least 5 years, a barrister entitled to practise before
the Supreme Court.
(5)
Where the office of Chief justice is vacant or the person holding that office is for any
reason unable to perform the functions of the office, those functions shall be
discharged by such one of the other Judges of the Supreme Court as may be
designated in that behalf by the President acting in accordance with the advice of
the person holding the office of Chief justice:
Provided that if the office of Chief Justice is vacant or if the person holding that
office is on leave of absence, pending retirement, or if the President, acting in his
own deliberate judgment, considers that it is impracticable to obtain the advice of
that person owing to that person's absence or illness, the President shall act after
consultation with the Prime Minister.
(6)
Where the office of Senior Puisne Judge is vacant or the person holding that office
is acting as Chief Justice or is for any reason unable to perform the functions of the
office, such one of the Judges of the Supreme Court as the President, acting in
accordance with the advice of the Chief Justice, may appoint shall act in the office
of Senior Puisne Judge.
(7)
Where the office of any Puisne Judge is vacant or where a person holding the office
of Puisne Judge is acting as Chief Justice or as Senior Puisne Judge or is for any
reason unable to perform the functions of his office or where the Prime Minister,
having been informed by the Chief Justice that the state of business in the Supreme
Court requires that the number of Judges should be temporarily increased and
having consulted with the Chief Justice, request the President to appoint an
additional Judge, the President, acting in accordance with the advice of the Judicial
and Legal Service Commission, may appoint a person qualified for appointment as
a Judge of the Supreme Court to act as a Puisne Judge of that court: