Can a retired judge practice as a lawyer in India?

Asked by: Dr. Gregory Howe DDS  |  Last update: September 19, 2023
Score: 4.2/5 (8 votes)

The constitution says that once a high court judge has retired, he cannot practice law in any court or before any authority in India except the Supreme Court and the other High Courts. This means that a retired High Court judge cannot practice in lower courts and the same high court from which he has retired.

Can a district judge practice after retirement in India?

Article 124(7) of our Indian Constitution, tells that's no formed judge or justice can practice law in any court under the Indian territory. There's a disqualification by our Constitution for judges to do so. They can be in the committees or in the review panels.

Can a judge become a lawyer in India?

No person who has held office as a judge of a High Court after the commencement of this Constitution shall plead or act in any court or before any authority within the territory of India."

What are the benefits for retired judges in India?

They become entitled to full pension on completion of 20 years service including the service of High Court Judge. They also get Special Additional Pension @ Rs. 45016/- per annum for each completed year as High Court Judge.

How are retired judges addressed in India?

Be it in the media, or public events, former judges continue to be referred to as 'justices'. Most of the time, they continue to be referred to as 'Hon'ble', many years after retirement.

Can a Judge Retired Judge Practice in the Same Court | Pahuja Law Academy | PLA #judge #judiciary

28 related questions found

What is the proper title for a retired judge?

How to Address a Former Judge. Unless he or she left the bench in dishonor, retired judges continue to be addressed in writing – or listed in a program as – the Honorable' (Full Name) . They are addressed in conversation or a salutation as Judge (Surname) in every social situation.

Can a retired judge of Supreme Court practice law in India?

"No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India."

At what age judges retire in India?

The retirement age of a High Court & Supreme Court Judge is 62 years and 65 years respectively.

What is the pension of judges in India?

Additionally, after retirement, a judge in India gets a pension monthly along with a dearness relief. The Judge pension in India ranges from INR 13.5 lpa to INR 16.8 lpa depending upon the courts.

What is the retirement age of district judges in India?

Countries like the U.S., Greece and Austria appoint judges to their highest courts (or constitutional courts) for life. Currently, the retirement age for judges in India is 60 in lower courts, 62 in High Courts (HC) and 65 in the Supreme Court (SC).

What do lawyers call the judge in India?

On February 23, 2021, then chairperson of the BCI Manan Mishra, issued a statement saying, that “as far as back on 28th September, 2019…it was resolved that as per mostly preferred and prevalent practice, lawyers of the country be requested to address the Hon'ble Judges of various High Courts and Supreme Court as 'My ...

Can a foreigner be a lawyer in India?

In a move that could potentially change the landscape of legal practice in the country, the Bar Council of India (BCI) has allowed foreign lawyers and law firms to practise in India. Although they cannot appear in court, they can advise clients on foreign law and work on corporate transactions.

Can an Indian be a lawyer in us?

Most international students choose to pursue an LLM degree in the US, so they can sit for the bar exam. If the student passes the exam, they will be allowed to practice law as a fully admitted lawyer in the state where they cleared the exam.

Can a judge own a business in India?

(13) A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. (publication of a legal treaties or any activity in the mature of a hobby shall not be constructed as trade business).

What happens to cases when judge retires?

When that occurs, those dockets are assigned to a new judge. In some instances, the retiring judge may come back on recall and the cases that the judge presided over during their time on the bench will be reassigned to them for post judgment matters.

Can judges come out of retirement?

(1) The justice or judge must consent to the recall. (2) The Chief Justice may recall retired justices to serve on the Supreme Court or on the Court of Appeals, and the Chief Judge may recall retired judges of the Court of Appeals to serve on that court.

Who pays judges salary in India?

The Salaries, Pension and Allowances of the Supreme Court Judges are charged upon the Consolidated Fund of India, whereas the Salaries and Allowances of the High Court Judges are charged upon the Consolidated Fund of the States and the Pension is charged on the Consolidated Fund of India.

What is the average age of a judge in India?

The average age of appointment for Supreme Court judges in the past twenty years is a little under 60 years old.

What is the age limit of Supreme Court judge in India?

Supreme Court Judges retire upon attaining the age of 65 years.

What is the retirement age of district judges in Kerala?

According to Kerala High Court, the age of retirement under Service (Age of Retirement) Act, 2008 is 56 years. The instant writ petition was filed by employees who started their service before 1-4-2013, since for those who joined after the said date, the age of retirement is 60 years.

Can any lawyer practice in Supreme Court of India?

Advocate-on-Record:

The Advocate-On-Record (AOR) are those advocates who, after fulfilling the eligibility qualification, appear for the exam conducted by the Supreme Court. They are the only authorized advocates who can file a vakalatnama in the Supreme Court. Hence he/she is held answerable to the court.

Can you be a Supreme Court judge for life?

Supreme Court Nominations

The Supreme Court is the Nation's highest court. Eight Associate Justices and one Chief Justice comprise the membership of the Court. Like all Federal judges, Supreme Court Justices serve lifetime appointments on the Court, in accordance with Article III of the United States Constitution.

What is the hierarchy of judges in India?

The Indian judiciary is a hierarchical system, with various levels of judges presiding over different types of cases. The hierarchy of judges in India can be broadly categorized into four levels: district judges, high court judges, Supreme Court judges, and the Chief Justice of India.