43. (1) The judicial power of the Hindusthan Free State shall be exercised and justice administered in the public Courts established by the State by Judges appointed in the manner hereinafter provided.
(2) There shall be a Supreme Court consisting of a Chief Justice and such number of other judges as the President may deem necessary, but unless and until a resolution has been presented by the Federal Legislature requiring an increase in the number of judges, the number of puisne judges shall not exceed six.
(3) Every judge of the Supreme Court shall be appointed by the President by warrant in consultation with the Council of ministers and the All-India Bar Association, if any, and shall hold office until he attains the age of sixty-five years. Provided that—
(a) A judge may by mere signation under his hand addressed to the President resign his office.
(b) A judge may be removed from his office try the President by warrant on the ground of misbehaviour, incapacity or infirmity of mind or body.
(4) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he—
(a) has been for at least five years as 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.
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 fifteen years standing; and
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.
(5) Every person approved to be a Judge of the Supreme Court, shall, before he enters upon his office make and subscribe before the President or some person appointed by him an oath according to the form set in section 36, sub- section (3) of the Act.
(6) The Judges of the Supreme 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 the President.
(7) If the office of the Chief Justice become 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 President 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 Supreme Court as the President may in his discretion appoint for that purpose.