A Retired Judge of a High Court is permitted to practice as a lawyer ...
Article 220 says that 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. Originally, article 220 contained an important factor affecting the selection of High Court judges from the bar, that is the total prohibition on practice after their retirement from the bench. It was the 7th amendment act of the Constitution of India that proposed to revise the article to relax this complete ban and permit a retired judge to practice in the Supreme Court and in any High Court other than the one in the which he was a permanent judge.
Hence, the correct option is (D)
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A Retired Judge of a High Court is permitted to practice as a lawyer ...
Understanding the Practice Rights of Retired High Court Judges
Retired judges of High Courts have specific regulations regarding their ability to practice law after retirement. The option 'D', which states that they can practice in any court in India except the High Court where they retired, is crucial to understand.
Key Points to Consider:
- Legal Framework: The Bar Council of India governs the practice of lawyers in India. Retired judges are generally allowed to practice law, but there are restrictions based on their previous positions.
- Restriction on Practicing in Retired High Court: A retired High Court judge is not permitted to practice in the same High Court where they served. This rule is in place to maintain the integrity of the judicial system and to prevent any conflict of interest.
- Allowed Courts for Practice: Retired judges can represent clients in:
- The Supreme Court: They can appear before the highest court in the country, leveraging their extensive legal experience.
- Other High Courts: They are permitted to practice in any other High Court in India, ensuring that their legal expertise is utilized beyond their former jurisdiction.
- Lower Courts: They can also practice in District Courts and other subordinate courts without any restrictions.
- Conclusion: The rationale behind these regulations is to uphold the dignity of the judicial system and ensure that retired judges do not influence ongoing cases in the High Court where they previously served.
In summary, while retired High Court judges can continue their legal careers, they must do so outside the jurisdiction of their former court, ensuring fairness and impartiality in the judicial process.