90
The Constitution of the Democratic Socialist Republic of Sri Lanka
(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 such an address,
including the procedure for the passing of such resolution, the
and proof of the
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.
Salaries of the
Judges of the
Supreme Court
and Court of
Appeal
108. (1) The salaries of the Judges of the Supreme Court
and of the Court of Appeal shall be determined by Parliament
and shall be charged on the Consolidated Fund.
(2) The salary payable to, and the pension entitlement of a
Judge of the Supreme Court and a Judge of the Court of Appeal
shall not be reduced after his appointment.
Acting
appointments
86
[109. (1) If the Chief Justice or the President of the Court
of Appeal is temporarily unable to exercise, perform and
discharge the powers, duties and functions of his office, by
reason of illness, absence from Sri Lanka or any other cause the
President shall, subject to the provisions of Article 41A, appoint
another Judge of the Supreme Court, or of the Court of Appeal,
as the case may be, to act in the office of Chief Justice, or the
President of the Court of Appeal, respectively, during such
period.
86 - Substituted by the Twentieth Amendment to the Constitution Sec. 22.
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