Appointment and Removal of Judges


In terms of Sub-article 32(4)(a) of the Constitution, the President has the power, upon recommendation of the Judicial Service Commission, to appoint the Chief Justice, the Judge-President of the High Court, and other judges of the Supreme Court and the High Court.

All judges, except acting judges, are permitted to hold office until the age of 65, but the President is entitled to extend the retiring age of any judge to 70 (Article 82(4)). Article 84 of the Constitution provides for the removal of judges from office.

As for the removal of judges from office  Sub-article 84(1), provides that only the President may remove a judge from office before the expiry of his or her tenure, on the recommendation of the Judicial Service Commission.  Sub-article 84(2) stipulates that judges may only be removed from office on the ground of mental incapacity or for gross misconduct, and only after the Judicial Service Commission has investigated whether or not the judge should be removed.

The Article further empowers the President, again on recommendation of the Judicial Service Commission, to suspend a judge pending the investigations.​ 

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