(8) Any person appointed under this section to act as a Puisne Judge shall, unless he is
removed from office under section 78, continue to act for the period of his appointment or,
if no such period is specified, until his appointment is revoked by the President, acting in
accordance with the advice of the Chief Justice:
Provided that a person whose appointment to act as a Puisne Judge has expired or has
been revoked may, with the permission of the President, acting in accordance with the
advice of the Chief Justice, continue to act as such for such a period as may be necessary
to enable him to deliver judgment or to do any other thing in relation to proceedings that
were commenced before him previously thereto.
78. Tenure of office of Judges of Supreme Court
(1) (…)
(2) A Judge of the Supreme Court may be removed from office only for inability to perform
the functions of his office (whether arising from infirmity of body or mind or from any
other cause) or for misbehaviour, and shall not be so removed except in accordance
with subsection (3).
(3) A Judge of the Supreme Court shall be removed from office by the President where the
question of removing him from office has, pursuant to subsection (4), been referred to
the Judicial Committee and the Judicial Committee has advised that the Judge ought to
be removed from office for inability or misbehaviour.
(4) Where the Chief Justice or, in relation to the removal of the person holding the office
of Chief Justice, the President considers that the question of removing a Judge of the
Supreme Court from office for inability or misbehaviour ought to be investigated—
(a) the President shall appoint a tribunal, which shall consist of a Chairperson and not
less than 2 other members, selected by the President from among persons who
hold or have held office as a Judge of a Court having unlimited jurisdiction in
civil and criminal matters in some part of the Commonwealth or a Court having
jurisdiction in appeals from any such Court;
(b) the tribunal shall enquire into the matter and report on the facts to the President
and recommend to the President whether the question of removing the Judge from
office should be referred to the Judicial Committee; and
(c) where the tribunal so recommends, the President shall refer the question
accordingly.
(5) Where the question of removing a Judge of the Supreme Court from office has been
referred to a tribunal under subsection (4), the President may suspend the Judge from
performing the functions of his office; and any such suspension may at any time be
revoked by the President and shall in any case cease to have effect—
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