Article 142 Part 11 •Part 11 – Judiciary

Article 142 – Vacancy of office of the Chief Judge or Judge

(1)

The Chief Judge or Judge of the High Court shall cease to hold office in the following circumstances:

(a)
If she/he submits written resignation to the Chie Justice,
(b)
If she/he attains the age of sixty three years,
(c)
If she/he is removed by the Judicial Council for reasons of incompetence, misbehavior, ill-intended activities and serious violation of the code of conduct,
(d)
If she/he is removed by the Judicial Council for being unable to discharge the duties of her/his office due to physical or mental illness.
(e)
If punished by the court on criminal charges constituting moral degradation, or
(f)
If she/he dies.

(2)

A Judge who is facing a charge before being removed from office according to Section (c) of Clause (1) must be given a reasonable opportunity to defend herself/himself. The Judge against whom proceedings have been initiated accordingly shall not perform duties of her/his office until the proceedings have been completed.

(3)

The Chief Judge or Judge removed from office may face investigation and prosecution according to the law for offense committed while holding office.

Article 142 – Vacancy of office of the Chief Judge or Judge

Related Provisions & Cross-References

Article 133 – Jurisdiction of the Supreme Court

Article 127 – Courts

Article 137 – Formation of the Constitutional Bench

Article 139 – High Court