📜 Article 220 of the Indian Constitution
Title: Restriction on practice after being a permanent Judge
🔹 Text Summary:
Article 220 places restrictions on a retired permanent Judge of a High Court from practicing law in certain courts, to maintain judicial integrity and neutrality.
📌 Full Provision Breakdown:
A person who has held office as a permanent judge of a High Court shall not plead or act in any court or before any authority within the territory of India, except:
✅ In the Supreme Court of India, or
✅ In another High Court in which they have never held a position as a judge.
🧠 Key Takeaways:
| 🔑 Rule | ✅ Details |
|---|---|
| ❌ Cannot practice | In any court or authority within the same state where they served as a High Court judge. |
| ✅ Can practice | In the Supreme Court, or any other High Court where they were never a judge. |
| 🛡️ Purpose | To ensure that former judges do not influence or appear biased in cases where they had past judicial authority. |
| 📅 Applies to | Permanent judges (not necessarily temporary or additional judges). |
🏛️ Example:
-
A retired judge of the Allahabad High Court cannot practice as a lawyer in any court in Uttar Pradesh, including subordinate courts.
-
But they can practice in the Supreme Court or in the Bombay High Court, where they never served as a judge.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 217 | Appointment and tenure of High Court judges |
| 219 | Oath by High Court judges |
| 220 | Bar on post-retirement practice in same court |
| 124(7) | Similar bar for Supreme Court judges |
📌 Summary Table:
| Judge Type | Where can they practice after retirement? |
|---|---|
| High Court Judge | ✅ Supreme Court |
✅ Other High Courts (never served there)
❌ Not in same High Court or subordinate courts |
| Supreme Court Judge | ❌ Cannot practice in any court or authority in India (Article 124(7)) |
Here’s a comparison chart of post-retirement practice rules for Supreme Court (SC) and High Court (HC) judges under Articles 124(7) and 220 of the Indian Constitution:
📊 Post-Retirement Practice Rules: SC vs HC Judges
| 🔹 Aspect | 🏛️ Supreme Court Judge | 🏛️ High Court Judge |
|---|---|---|
| Governing Article | Article 124(7) | Article 220 |
| Can practice in Supreme Court? | ❌ No | ✅ Yes |
| Can practice in same High Court? | ❌ Not applicable | ❌ No |
| Can practice in other High Courts? | ❌ No | ✅ Yes, but not where they served |
| Can practice in subordinate courts? | ❌ No | ❌ No, within the state they served |
| Can practice before any authority in India? | ❌ No | ❌ No, within the same state where they were a judge |
| Reason for restriction | To protect judicial dignity and prevent influence | |
| Penalty for violation | Invalid appearance, professional misconduct |
🧠 In Simple Words:
SC Judges: Cannot work as lawyers anywhere in India after retirement.
HC Judges: Can work as lawyers in the Supreme Court or in other High Courts — but not in the High Court (or state) where they served.
🏛️ Example:
| Judge Type | Can Appear In | Cannot Appear In |
|---|---|---|
| Ex-SC Judge | ❌ No court or tribunal | ✅ All barred |
| Ex-HC Judge (e.g. Delhi HC) | ✅ Supreme Court, Bombay HC | ❌ Delhi HC or Delhi’s lower courts |
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