Part VI: The States
Chapter V - The High Courts in the States
Article 220: Restriction on Practice After Being a Permanent Judge
Original 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.
Amendments:
1 Subs. by s. 13, ibid. (w.e.f. 1-11-1956).
Explanation:
Article 220 restricts former High Court judges from practicing in any court or tribunal other than the Supreme Court or other High Courts. This provision ensures the integrity and independence of the judiciary by preventing potential conflicts of interest post-retirement.
Clause Headings:
1. Restriction on Practice Post-Tenure
This article bars former permanent High Court judges from practicing in subordinate courts or authorities, allowing appearances only in the Supreme Court or other High Courts.
2. Explanation of “High Court” Applicability
The term "High Court" excludes those for Part B states as listed in the First Schedule prior to the Constitution (Seventh Amendment) Act, 1956.
Historical Significance:
This provision maintains the sanctity of judicial offices by ensuring that judges do not exploit their positions for personal gain after retirement. It reflects the framers' intent to preserve judicial impartiality and dignity.
Real-Life Examples:
For instance, a retired Delhi High Court judge can represent clients only in the Supreme Court or other High Courts but cannot appear before tribunals or subordinate courts, ensuring the impartiality of the judicial process.
Frequently Asked Questions (FAQs):
This restriction ensures that former judges do not use their prior positions to influence subordinate courts, maintaining judicial impartiality and integrity.
Retired High Court judges can practice only in the Supreme Court or other High Courts, as per Article 220.
The Seventh Amendment redefined "High Court" to exclude Part B states, aligning with the reorganization of states and judicial jurisdictions post-1956.
Debates and Deliberations:
During the Constituent Assembly debates, Dr. B. R. Ambedkar proposed an amendment to prohibit former High Court judges from practicing law post-retirement. This motion aimed to preserve judicial dignity and independence. Prof. Shibban Lal Saksena supported this by emphasizing British precedents and the need to prevent ex-judges from leveraging their former positions for personal gain.
Sardar Hukam Singh proposed a narrower restriction, limiting the prohibition to the jurisdiction of the respective High Court. However, Shri H. V. Kamath also supported a limited ban, arguing that a nationwide restriction might deter candidates from judicial appointments.
Despite opposition from Shri B. M. Gupte, who argued that the existing system allowing retired judges to practice outside their jurisdiction had not caused issues, the Assembly adopted Dr. Ambedkar's broader proposal. This decision upheld the judiciary's sanctity and ensured impartiality post-retirement.
References:
- Constitution (Seventh Amendment) Act, 1956.
- Judicial Conduct and Post-Retirement Ethics in India.
- Case Studies on Retired Judges' Practice Guidelines.