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Constitution of Malaysia: An Introduction Part 14

PART IX - THE JUDICIARY

125

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Supreme Court shall hold office until he attains the age of sixty- five years or such later time, not being later than six months after he attains that age, as the Yang di- Pertaun Agong may approve.

(2) A judge of the Supreme Court may at any time resign his office by writing under his hand addressed to the Yang di- Pertaun Agong but shall not be removed from office except in accordance with the following provisions of this Article.

(3) If the Prime Minister, or the Lord President after consulting the Prime Minister, represents to the Yang di- Pertuan Agong that a judge of the Supreme Court oath to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or of any cause, properly to discharge the functions of his office, the Yang di- Pertaun Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

(4) The said tribunal shall consist of not less than five persons who hold or have held office as judge of the Supreme Court or a High Court or, if it appears to the Yang di- Pertaun Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Common Wealth and shall be presided over by the member first in the following order, namely, the Lord President of the Supreme Court, the Chief Justices 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 two members with appointments of the same date.

(5) Pending any reference and report under Clause (3) the Yang di- Pertaun Agong may on the recommendation of the Prime Minister and, in case of any other judge after consulting the Lord President, suspend a judge of the Supreme Court from the exercise of his functions.

(6) Parliament shall by law provide for the enumeration so provided shall be charged on the Consolidated Fund.

(6A) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the judges of the Supreme Court other than their enumeration.

(7) The enumeration and other terms of office (including pension rights) of a judge of the Supreme Court shall not be altered to his disadvantage after this appointment.

(8) Notwithstanding Clause (1) the validity of anything done by a judge of the Supreme Court shall not be questioned on the ground that he has attained the age at which he was required to retire.

(9) This Article shall apply to a judge of a High Court as it applies to a judge of a Supreme Court, except that the Yang di- Pertaun Agong before suspending under Clause (5) a judge of a High Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord President of the Supreme Court.

(10) (Repealed).

125a

(1) Notwithstanding anything contained in this Constitution, it is hereby declared that-

(a) The Lord President of the Federal Court and a judge of the Supreme Court may exercise all or any of the powers of the judge of a High Court; and

(b) A judge of the High Court in Malaya may exercise all or any of the powers of a judge of the High Court in Borneo, and visa versa.

(2) The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.

Source: Federal Constitution 1957

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