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.