98. Tenure of office and remuneration of Supreme Court Judges, etc.

The office of a Supreme Court Judge must not be abolished during the continuance in office of the Judge.

Unless he resigns or is removed in accordance with this Article, a Supreme Court Judge appointed under Article 95(1) holds 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.

A person holding high judicial office 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).

If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the President that a person holding high judicial office 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 person from office.

The tribunal shall consist of not less than 5 persons who hold or have held office as a Supreme Court Judge, 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).

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 person holding high judicial office, after consulting the Chief Justice, suspend a person holding high judicial office from the exercise of his functions.

The Legislature shall by law provide for the remuneration of the Supreme Court Judges and the remuneration so provided shall be charged on the Consolidated Fund.

Subject to this Article, the Legislature may by law provide for the terms of office of the Supreme Court Judges, other than their remuneration, and may provide that any gratuity payable in respect of service as a Supreme Court Judge shall be charged on the Consolidated Fund.

The remuneration and other terms of office (including any pension or gratuity) of a Supreme Court Judge shall not be altered to his disadvantage after his appointment.

Notwithstanding clause (1A), the validity of anything done by a Supreme Court Judge shall not be questioned on the ground that he had attained the age on which he was required to retire.

The President may, in his discretion, grant leave of absence from his duties to the Chief Justice and, acting on the advice of the Chief Justice, to any other Supreme Court Judge.