The Constitution of India
Article 220
Restriction on practice after being a permanent Judge
No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.
Explanation — In this article, the expression “High Court” does not include a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.
Why this exists
This Article aims to preserve the dignity and independence of the judiciary. It prevents a retired High Court judge from using their former position, influence, or insider knowledge of the court system to gain an unfair advantage as a practicing lawyer before lower courts or tribunals. By restricting where a former judge can practice, the Constitution seeks to maintain public confidence in the judiciary and avoid any appearance of impropriety.
Common misconceptions
- Myth: A retired High Court judge can never practice law again anywhere.
Fact: They can still practice before the Supreme Court and other High Courts (not the one they served in) — the restriction is not a total ban on legal practice. - Myth: This rule applies to all judges, including temporary or additional judges.
Fact: Article 220 specifically applies to those who held office as permanent judges, and courts have read this language carefully in relation to related provisions like Article 217.