Part VI - The States • Article

Article 220 Simplified: Restriction on practice after being a permanent Judge

Article 220 restricts permanent High Court judges from practicing law after they retire. They are forbidden from pleading or acting before any subordinate court or authority in India, but they are allowed to practice in the Supreme Court and any other High Courts. This prevents retired judges from influencing subordinate courts where they once held authority.

Official Text

[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.]

Simple Meaning

Explain Like Ten

Once a person has been a permanent judge in a High Court, they cannot work as a regular lawyer in the lower courts of that state. This is to make sure they do not influence the local judges who used to work under them. But they can still practice in the Supreme Court or in other High Courts.

Student Mode

Article 220 imposes a post-retirement restriction on permanent High Court judges to maintain judicial independence and prevent conflict of interest. A retired permanent judge is barred from pleading or acting before any authority or subordinate court in India, but is permitted to practice in the Supreme Court and other High Courts.

Example

A retired judge of the Madras High Court cannot start practicing or appearing as a lawyer in the District Court of Coimbatore or before the Tamil Nadu Revenue Board. However, they are permitted to argue cases before the Karnataka High Court or the Supreme Court of India.

Key Takeaway

Retired permanent High Court judges are barred from practicing law in subordinate courts, but can practice in the Supreme Court and other High Courts.

FAQs

Why are retired High Court judges restricted from practicing in lower courts?

To prevent potential bias and influence, as lower court judges might feel pressured or defer to a former High Court judge who previously held administrative authority over them.

Can a retired High Court judge practice in another High Court?

Yes. They are only barred from practicing in subordinate courts and the specific High Court where they held office as a permanent judge.

Does this restriction apply to additional or temporary judges?

No. The restriction under Article 220 applies only to those who have held office as a 'permanent' Judge of a High Court.

Quiz

Under Article 220, a retired permanent High Court judge is allowed to practice in:

Answer: Both the Supreme Court and other High Courts

The restriction on practice under Article 220 applies to:

Answer: Only permanent High Court judges