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Chapter 10, Part 2 · Art. 168

Removal from office

  • A judge may be removed only for inability to perform functions, breach of the code of conduct, bankruptcy, incompetence, or gross misconduct.
    Art. 168(1)

    (1) A judge of a superior court may be removed from office only on the grounds of— (a) inability to perform the functions of office arising from mental or physical incapacity; (b) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; (c) bankruptcy; (d) incompetence; or (e) gross misconduct or misbehaviour.

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  • Removal is initiated by the Judicial Service Commission, and a tribunal inquires and makes binding recommendations to the President.
    Art. 168(2)

    (2) The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.

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