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Report No. 80

3.15. Certain Commonwealth countries providing for Judicial Service Commission.-

Equally interesting are the provisions in the Constitutions of some countries that have newly acquired independence from British rule-countries which were previously British colonies. In these countries, Judicial Service Commissions are provided for in the Constitution. Their functions, in general, are to give advice on the appointment of superior Judges (other than the Chief Justice and the President of the Court of Appeal, if any), and to exercise control in regard to inferior Judges. The Constitution of Malawi1-2 affords an example. The relevant provisions read:

"63. (1) The Chief ,Justice shall be appointed by the President.

(2) The Judges shall be appointed by the President after consultation with the Judicial Service Commission.

67. (1) There shall be a Supreme Court of Appeal for Malawi which, subject to the provisions of this Constitution, shall have such jurisdiction and powers as may be conferred on it by this Constitution or by any other law.

(2) The Justices of the Supreme Court of Appeal shall be-

(a) the Chief Justice, "as President";3

(b) such number of Justice of Appeal (if any) as may be prescribed by Parliament; and

(c) the other Judges of the High Court for the time being holding office.

1. Constitution of Malawi, Articles 63, 67 and 71.

71. There shall be a Judicial Service Commission which shall consist of-

(a) the Chief Justice, who shall be Chairman;

(b) the Chairman of the Public Service Commission or such other member of that Commission as may for the time being be designated in that behalf by the Chairman of that Commission; and

(c) such Justice of Appeal or Judge as may for the time being be designated in that behalf by the President acting after consultation with the Chief Justice."

1. Constitution of Malawi, Articles 63, 67 and 71.

2. See also Constitution of Uganda, Articles 90, 91, 97; Jamaica, section 11; Kenya, section 174(1); Malaysia, Article 138; Seirra Leone, sections 76(1), (2), 80(1), (2) and 85; Trinidad, sections 75 and 79.

3. Deleted by the Constitution of Malawi (Amendment) Act No. 39 of 1966.

Method of appointments of Judges Back

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