Article 146 — Removal of Justices of Superior Courts and Cha irmen of Regional Tribunals

(1) A Justice of the Superior Court or a Chairman o f the Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind. (2) A Justice of the Superior Court of Judicature o r a Chairman of the Regional Tribunal may only be removed in accordance with the procedure sp ecified in this article. (3) If the President receives a petition for the re moval of a Justice of a Superior Court other than the Chief Justice or for the removal of the Ch airman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case. (4) Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Super ior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial Counci l and two other persons who are not members of the Council of State, nor members of Par liament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State. (5) The committee appointed under clause (4) of thi s article shall investigate the complaint and shall make its recommendations to the Chief Jus tice who shall forward it to the President. (6) Where the petition is for the removal of the Ch ief Justice, the President shall, acting in consultation with the Council of State, appoint a c ommittee consisting of two Justices of the Supreme Court, one of whom shall be appointed chair man by the President, and three other persons who are not members of the Council of State , nor members of Parliament, nor lawyers. (7) The committee appointed under clause (6) of thi s article shall inquire into the petition and recommend to the President whether the Chief Justic e ought to be removed from office. (8) All proceedings under this article shall be hel d in camera , and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. (9) The President shall, in each case, act in accor dance with the recommendations of the committee. (10) Where a petition has been referred to a commit tee under this article, the President may— (a) in the case of the Chief Justice, acting in acc ordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice; (b) in the case of any other Justice of a Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice of t he Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal. (11) The President may, at any time, revoke a suspe nsion under this article.