107. Tenure of office

Subject to Article 106, every member of the Commission shall, unless he earlier resigns his office by writing under his hand addressed to the President or is removed therefrom under this Article, hold office for a period of 5 years from the date of his appointment, but shall be eligible for reappointment:Provided that a member, other than the Chairman, may be appointed to hold office for any shorter period of not less than 3 years.

If the Prime Minister, or the Chairman of the Commission after consulting with the Prime Minister, represents to the President that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the President shall, if he, acting in his discretion, concurs with that representation, refer that representation to a tribunal consisting of the Chief Justice and 2 other Supreme Court Judges nominated for that purpose by the Chief Justice and shall, if that tribunal so recommends, remove that member from office by writing under his hand.

The tribunal constituted under clause (2) shall regulate its own procedure and may make rules for that purpose.