notwithstanding that he has not held one or other of those qualifications
for a total period of not less than fifteen years or ten years, as the case
may be, the President acting in the case of a judge of the Supreme Court,
puisne judge or Chairman or Deputy Chairman of the Industrial
Relations Court in accordance with the advise of the Judicial Service
Commission, may dispense with the requirement that such person holds
one or other of the specified qualifications for a total period of not less
than the period specified in clause (1).
(3) In this Article," the specified qualifications " means the professional
qualifications specified in the Legal Practitioners Act, one of which
must be held by any person before he may apply under that Act to be
admitted as a practitioner in the Republic.
(4) For the purposes of this Article and of Articles 93 and 94, "a person
qualified for appointment" means a judge of the Supreme Court, a
puisne judge or Chairman or Deputy Chairman of the Industrial
Relations Court and includes a person in respect of whom the President
or Judicial Service Commission, as the case may be, is satisfied as
provided for in clause (2).
98. (1) Subject to the provisions of this Article, a person holding the
office of a judge of the Supreme Court or the office of a judge of the
High Court shall vacate that office on attaining the age of sixty-five
years:
Provided that the President(a)
may permit a judge of the High Court in accordance with the
advice of the Judicial Service Commission, or a judge of the
Supreme Court, who has attained that age to continue in office
for such period as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings that
were commenced before him before he attained that age;
(b)
may appoint a judge of the High Court in accordance with the
advice of the Judicial Service Commission or a judge of the
Supreme Court, who has attained the age of sixty-five years, for
such further period, not exceeding seven years, as the President
may determine.
Tenure of office of
Judges of Supreme
Court and High
Court