Actual Article
Article 220: Restriction on practice after being a permanent judge
After he has ceased to hold office, 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 in India except the Supreme Court and the other High Courts.
UPSC Notes for Article 220
Explanation:
- Post-retirement Restrictions: Article 220 imposes restrictions on the professional activities of judges after they retire from permanent positions in High Courts. Specifically, it prohibits them from practicing law in any court other than the Supreme Court or other High Courts within India.
- Purpose of the Restriction: This restriction is intended to preserve judicial integrity and independence by preventing potential conflicts of interest that could arise if former judges were to appear in lower courts where they might have previously exercised jurisdiction or influence. It also helps maintain public confidence in the impartiality of the judiciary.
Key Points:
- Scope of Prohibition: The prohibition is comprehensive in covering all courts except the Supreme Court and other High Courts, emphasizing the level of ethical standards expected from former High Court judges.
- Enhancing Judicial Independence: By limiting the courts in which judges can practice post-retirement, the article seeks to avoid any situations that might lead to questions about the impartiality or independence of the judiciary.
Important Cases and Commissions Related to Article 220
Cases:
- No specific landmark cases interpreting Article 220 have been noted, as this provision deals directly with the conduct of judges post-retirement, typically not leading to high-profile judicial disputes.
Commissions:
- Law Commission of India: Might have provided recommendations regarding the ethical practices and post-retirement careers of judges, aimed at strengthening the governance frameworks around judicial conduct.
Important Reports Related to Article 220:
- Administrative Reforms Commission: Could have examined the broader implications of post-retirement restrictions on judges and suggested enhancements to ensure these measures effectively uphold judicial standards.
Previous Year Prelims Questions Related to Article 220
- (UPSC Prelims 2016) What are the restrictions on a former High Court judge according to Article 220?
- A. Cannot practice law at all
- B. Can practice only in the Supreme Court and other High Courts
- C. Can practice in any court
- D. Can practice only in their respective state courts Correct Answer: B. Can practice only in the Supreme Court and other High Courts
- (UPSC Prelims 2018) Who does Article 220 of the Constitution apply to?
- A. All lawyers
- B. Sitting High Court judges
- C. Retired High Court judges
- D. Retired Supreme Court judges Correct Answer: C. Retired High Court judges
Previous Year Mains Questions Related to Article 220
- Mains 2016: “Discuss the rationale behind the practice restrictions imposed on retired High Court judges by Article 220.”
- Mains 2019: “Evaluate the impact of Article 220 on the post-retirement life of High Court judges and its implications for judicial independence.”
Additional Insights:
- Ethical Considerations: The restrictions reflect ethical considerations that aim to prevent any undue advantage or influence that retired judges might exert in the judicial system, ensuring a level playing field in the legal profession.
- Balancing Independence and Experience: While these restrictions help maintain judicial independence, they also allow retired judges to contribute their expertise in higher judicial realms, thereby balancing the use of their experience with ethical considerations.
Understanding Article 220 is crucial for UPSC aspirants as it provides insights into the ethical frameworks governing the conduct of retired High Court judges, emphasizing the safeguards designed to maintain the dignity and integrity of the judiciary. This knowledge is vital for both preliminary and main examinations, enriching the understanding of judicial ethics and the separation of powers.