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Consitution of Malaysia: An Introduction Part 12

PART IX - THE JUDICIARY

123

A person is qualified for appointment under Article 122B as a judge of the Supreme Court or as a judge of any of the High Courts if-

(a) he is a citizen, and

(b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another.

124

(1) The Lord President of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di- Pertuan Agong.

(2) A judge of the Supreme Court or a High Court, other than the Lord President of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or transfer to another judicial office, not being that of Lord President.

(3) A person taking the oath on becoming Chief Justice of a High Court shall do so in the presence of the senior judge available of that High Court, unless he takes it in accordance with Clause (4) as a judge of the Supreme Court.

(4) Subject to Clause (3), a person taking the oath on becoming a judge of the Supreme Court shall do so in the presence of the Lord President or, in his absence, the next senior judge available of the Supreme Court.

(5) A person taking the oath on becoming a judge of a High Court (but not Chief Justice) shall do so in the presence of the Chief Justice of that Court or, in his absence, the next senior judge available of that Court.

Source: Federal Constitution 1957

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