Tenure of office and
remuneration of Judges of Supreme Court
98. (1) Subject to this Article, a Judge of the Supreme
Court shall hold office until he attains the age of 65 years or
such later time not being later than 6 months after he attains that
age, as the President may approve.
(2) A Judge of the Supreme Court may at any time resign his office
by writing under his hand addressed to the President, but shall not
be removed from office except in accordance with clauses (3), (4)
and (5).
(3) If the Prime Minister, or the Chief Justice after consulting
the Prime Minister, represents to the President that a Judge of the
Supreme Court ought to be removed on the ground of misbehaviour or
of inability, from infirmity of body or mind or any other cause, to
properly discharge the functions of his office, the President shall
appoint a tribunal in accordance with clause (4) and shall refer
that representation to it; and may on the recommendation of the
tribunal remove the Judge from office.
(4) The tribunal shall consist of not less than 5 persons who hold
or have held office as a Judge of the Supreme Court, or, if it
appears to the President expedient to make such an appointment,
persons who hold or have held equivalent office in any part of the
Commonwealth, and the tribunal shall be presided over by the member
first in the following order, namely, the Chief Justice according
to their precedence among themselves and other members according to
the order of their appointment to an office qualifying them for
membership (the older coming before the younger of 2 members with
appointments of the same date).
(5) Pending any reference and report under clause (3), the
President may, if he, acting in his discretion, concurs with the
recommendation of the Prime Minister and, in the case of any other
Judge, after consulting the Chief Justice, suspend a Judge of the
Supreme Court from the exercise of his functions.
As you can see in clause (1), if you are an appointed judge, you
cannot be removed from office, cannot recieve pay cut until you are
65 or you are removed on disciplinary grounds.
But if you are a judical commmisioner, you are not protected that
way, hence, your career as a judge is hanging by a thread, that the
whim of the President, who recieves advice from the PM.
Now, if the Judicary is to serve as a check for the PM, how can the
PM have a hand in the appointment of the judicary? Its like a
manager in a company facing an independent audit and he picks his
own subordinate as the chief auditor.
