Courts (Supplemental Provisions) Act, 1961

Qualifications of judges of Supreme Court and High Court.

5.—(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if he is willing to accept office, no other person shall be qualified for appointment as Chief Justice.

(b) The existing President of the High Court shall be qualified for appointment as President of the High Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the High Court.

(c) Each of the persons who are ordinary judges of the existing Supreme Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Supreme Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Supreme Court.

(d) Each of the persons who are ordinary judges of the existing High Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the High Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the High Court.

(e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the qualification for appointment of the first judges of the Supreme Court and High Court.

(f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the preceding paragraphs of this subsection.

(2) (a) A person who is for the time being a practising barrister of not less than twelve years' standing shall be qualified for appointment as a judge of the Supreme Court or the High Court.

(b) For the purposes of paragraph (a) of this subsection, service as a judge of the existing Circuit Court or of the Circuit Court shall be deemed practice at the Bar.

(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court or as Chief Justice.

(4) The President of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.

(5) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court or as Chief Justice.