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referred to a tribunal appointed under subsection (3) of this section, and
the tribunal has recommended to the President that he ought to be
removed from office for inability as aforesaid, or for misbehaviour.
(3) If the Prime Minister represents to the President that the
question of removing a member of the Commission from office under this
section ought to be investigated, then –
(a) the President shall appoint a tribunal which shall
consist of a chairman and not less than two other
members, selected by the Chief Justice from
among persons who hold or have held office as a
judge of a court having unlimited jurisdiction in
civil and criminal matters in any part of the
Commonwealth, or a court having jurisdiction in
appeals from such a court; and
(b) the tribunal shall enquire into the matter and
report on the facts and circumstances thereof to
the President, and recommend to him whether the
member ought to be removed from office under
this section.
(4) If the question of removing a member of the
Commission has been referred to a tribunal under this section, the
President, acting in accordance with the advice of the Prime Minister,
may suspend that member from the exercise of the functions of his office.
Any such suspension may at any time be revoked by the President, acting
in accordance with such advice as aforesaid, and shall in any case cease to
have effect if the tribunal recommends to the President that that member
should not be removed.
Acting
Chairman,
acting
member.
165. (1) If the office of Chairman of the Commission is vacant
or if the holder of that office is for any reason unable to exercise the
functions of this office, then, until a person has been appointed to hold
that office, and has assumed the functions of that office, or until the
person holding that office has resumed those functions, as the case may
be, those functions shall be exercised by such other member of the
Commission as may for the time being be designated by the President,
acting in consultation with the Prime Minister and the Minority
Leader.
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