2023 Revised Edition

Contents

Constitution of the Democratic Socialist Republic of Sri Lanka · 2023 Revised Edition · Chapter XV · The Judiciary

107. Appointment and removal of Judges of the Supreme Court and Court of Appeal

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

93[(1) The Chief Justice, the President of the

Court of Appeal and every other judge of the Supreme

Court and the Court of Appeal shall be appointed by the

President 94[subject to the approval of the Constitutional

Council,] by warrant under his hand.]

(2)

Every such Judge shall hold office during good behaviour and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of

Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity:

Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.

(3)

Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of 93 - Substituted by the Twentieth Amendment to the Constitution Sec. 21.

94 - Substituted by the Twenty First Amendment to the Constitution Sec. 12.

such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative.

(4)

Every person appointed to be or to act as Chief

Justice, President of the Court of Appeal or a Judge of the

Supreme Court or Court of Appeal shall not enter upon the duties of his office until he takes and subscribes or makes and subscribes before the President, the oath or the affirmation set out in the Fourth Schedule.

(5)

The age of retirement of Judges of the Supreme

Court shall be Sixty-five years and of Judges of the Court of Appeal shall be Sixty-three years.

Read on from art 108

Chapter XVA