101. (1) The Highest Judicial power of a Province shall be exercised by a High Court which shall be a Court of record and High Courts shall consist of a Chief Justice and such other Judges as the Governor may deem necessary to appoint.
(2)Every judge of the High Court whether permanent or temporary shall be appointed by the Governor in consultation with the Council of Ministers and the Provincial Bar Association, if any, and shall hold office until he attains the age of sixty years.
Provided that-
(a) A Judge may by resignation under his hand addressed to the Governor resign his office ; or
(b) A Judge may be removed from his office by the Governor on the ground of misbehaviour or of infirmity of mind or body.
(3) A person shall not be qualified for appointment as a Judge of the High Court unless he
(a) has been for at least five years a Judge of a High Court, or
(b) is a barrister, an advocate or a pleader of at least ten years’ standing actively working as such in any High Court or District Court.
– Provided that a person shall not be qualified for appointment as Chief Justice unless he is, or when first appointed to a judicial office was, a Barrister or an Advocate or a Pleader of at least ten years’ standing.
In computing for the purposes of this sub-section the standing of a barrister, or an advocate or a pleader, any period during which a person has held judicial office after he became a barrister, an advocate or a pleader, as the case may be, shall be included.
(4) Every person appointed to be a Judge of the High Court, shall, before he enters upon his office make and subscribe before the Governor or some person appointed by him an oath according to the form set in section 36, sub-section (3) of the Act.
(5) The Judges of the High Court shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pension as may from time to time be fixed by an Act of the Provincial Legislature.
(6) If the office of the Chief Justice becomes vacant or if the Chief Justice is, by reason of absence or for any other reason unable to perform the duties of his office, those duties shall, until some person appointed by the Governor to the vacant office has entered on the duties thereof, or until the Chief Justice has resumed his duties, as the case may be, be performed by such one of the other judges of the High Court as the Governor may in his discretion appoint for the purpose.
(7) The High Court shall sit in the capital city of the Province or at such other place or places, if any, as the Chief Justice may with the approval of the Governor from time to time appoint.