Constitution of The BahamasIn briefCreates the Judicial and Legal Service Commission, chaired by the Chief Justice, and sets its membership, terms of office and acting arrangements.
There shall be a Judicial and Legal Service Commission for The Bahamas.
There must be a Judicial and Legal Service Commission for The Bahamas.
The members of the Judicial and Legal Service Commission shall be-
The members of the Judicial and Legal Service Commission are:
the Chief Justice, who shall be Chairmen;
the Chief Justice, who is the Chairman;
such other Justice of the Supreme Court or Justice of Appeal as may be designated by the Governor-General, acting on the recommendation of the Chief Justice, by instrument under the Public Seal;
another Justice of the Supreme Court or Justice of Appeal, designated by the Governor-General by instrument under the Public Seal (a formal written document sealed with the official seal of The Bahamas), acting on the recommendation of the Chief Justice;
the Chairman of the Public Service Commission; and
the Chairman of the Public Service Commission; and
two persons appointed by the Governor- General by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
two people appointed by the Governor-General by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
Subject to the provisions of Article 126 of this Constitution, the office of a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article shall become vacant-
Subject to Article 126 of this Constitution, a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article loses their seat:
at the expiration of three years form the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;
three years after the date of their appointment, or at an earlier time if the document appointing them says so;
if he becomes a member of either House.
if they become a member of either House of Parliament.
A person shall not be qualified to be appointed as a member of the Commission under subparagraph (2) (b) of this Article unless he holds or is qualified to hold or has held high judicial office; and a person shall be disqualified for appointment as such if he is a member of either House.
A person cannot be appointed as a member of the Commission under sub-paragraph (2)(b) of this Article unless they hold, are qualified to hold, or have held high judicial office (a senior judge's post). A person is disqualified from that appointment if they are a member of either House.
If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then until a person has been appointed to and has assumed the faction of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if the is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.
If the office of Chairman of the Judicial and Legal Service Commission is vacant, or the Chairman is for any reason unable to carry out the duties of the office, one of the other members of the Commission carries out those duties in the meantime. That member is chosen for the time being by the Governor-General, acting on the recommendation of the Chief Justice or, if the Chief Justice is for any reason unable to make a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission. The arrangement lasts until someone has been appointed Chairman and has taken up the duties, or until the Chairman is able to resume them, as the case may be.
If at any time one of the members of the Commission referred to in sub-paragraphs (2)(b), (c) or (d) of this Article is for any reason unable to exercise the function of his office, the Governor-General, in the case of the Chairman of the Public Service Commission, may appoint another member of the Public Service Commission to act as a member, and in the case of a member referred to in sub-paragraphs (2)(b) or (d) of this Article may, acting on the same recommendation as for the appointment Removal of the of that members, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. and Deputy Any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting as aforesaid.
If at any time one of the members of the Commission referred to in sub-paragraphs (2)(b), (c) or (d) of this Article is for any reason unable to carry out the duties of the office, the Governor-General may appoint someone to act as a member. In the case of the Chairman of the Public Service Commission, the Governor-General may appoint another member of the Public Service Commission. In the case of a member referred to in sub-paragraph (2)(b) or (d) of this Article, the Governor-General, acting on the same recommendation as for the appointment of that member, may appoint a person who is qualified to be a member of the Commission. Subject to sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, the acting member continues to act until the office has been filled or, as the case may be, until the holder of the office resumes their duties, or until the Governor-General, acting in the same way, revokes the acting appointment.