Provided that a person may act as a Puisne Judge notwithstanding that he has
attained the age prescribed for the purposes of section 78 (1).
(8)
Any person appointed under this section to act as a Puisne Judge
shall, unless he is removed from office under section 78, continue to act for the
period of his appointment or, if no such period is specified, until his appointment, is
revoked by the President, acting in accordance with the advice of the Chief Justice:
Provided that a person whose appointment to act as a Puisne Judge has expired or
has been revoked may, with the permission of the President, acting in accordance
with the advice of the Chief Justice, continue to act as such for such a period as
may be necessary to enable him to deliver judgment or to do any other thing in
relation to proceedings that were commenced before him previously thereto.
Amended by [Act No. 48 of 1991]
78.
Tenure of office of judges of Supreme Court
(1)
Subject to this section, a person holding the office of a judge of the Supreme Court
shall vacate that office on attaining the retiring age:
Provided that he may, with the permission of the President, acting in his own
deliberate judgment, in the case of the Chief Justice or in any other case, in
accordance with the advice of the Chief Justice, continue in office for such period
as may be necessary to enable him to deliver judgment or to do any other thing in
relation to proceedings that were commenced before him before he attained that
age.
(2)
A Judge of the Supreme Court may be removed from office only for inability to
perform the functions of his office (whether arising from infirmity of body or mind or
from any other cause) or for misbehaviour, and shall not be so, removed except in
accordance with subsection (3).
(3)
A Judge of the Supreme Court shall be removed from office by the President where
the question of removing him from office has, pursuant to subsection (4), been
referred to the Judicial Committee and the Judicial Committee has advised that the
judge ought to be removed from office for inability or misbehaviour.
(4)
Where the Chief Justice or, in relation to the removal of the person holding the
office of Chief Justice, the President considers that the question of removing a
judge of the Supreme Court from office for inability or misbehaviour ought to be
investigated (a)
the President shall appoint a tribunal, which shall consist of a chairman and
not less than 2 other members, selected by the President 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;
(b)
the tribunal shall enquire into the matter and report on the facts to the
President and recommend to the President whether the question of