सं Samvidhan

The Constitution of India

Article 220

Restriction on practice after being a permanent Judge

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.