5
Constitution and appointment of Judges
Act: Azad Jammu and Kashmir Courts and Laws Code Act 1949
Section Provisions
'THE AZAD JAMMU AND KASHMIR 'THE AZAD JAMMU AND KASHMIR COURTS AND LAWS CODE, 1949 CHAPTER-II HIGH COURT 5. Constitution and appointment of Judges. 2[(1) The High Court shall consist of a Chief Justice and three or more other judges.] 3[(1-A) At any time when --- (a) the office of the Chief Justice of the High Court is vacant; or (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause; the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice.] (2) Every Judge of the High Court shall be appointed by the Azad Jammu and Kashmir Government and shall hold office until he attains the age of 65 years Provided that--- (a) A Judge may by resignation under his hand addressed to the Azad Jammu and Kashmir Government resign his office. (b) A Judge may be removed from office by the order of the Azad Jammu and Kashmir Government on the ground of misbehavior or of infirmity of mind or body if the tribunal or Medical Board to be appointed by Government on reference being made to them by the Azad Jammu and Kashmir Government reports that the Judge ought on any such ground to be removed. (3) A person shall not be qualified for appointment as judge of High Court unless he --- (a) is a Barrister of England of not less than ten years standing; or (b) has for at least three years, held a judicial office in the State or in Pakistan not inferior to that of a District Judge ; or (c) has for at least five years held a judicial office in the State or in Pakistan not inferior to that of a Subordinate Judge or a judge of Small Causes Court; or (d) has for at least ten years been a Pleader or Vakil or Advocate of High Court in the State or in Pakistan or of two more such Courts in succession: Provided that in computing for the purpose of this sub-section the standing of a Pleader, Vakil or Advocate any period during which a person has held a judicial office after he became a Pleader, Vakil or Advocate, as the case may be, shall be computed.