What is Article 220 of Indian constitution

www.hinsoli.com July 05, 2025

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.