Overview
In our Constitutional Democracy Judiciary plays an important role in the functioning of the justified system. And the independence of the judiciary is a must for the smooth functioning of justice. Our constitution considered the aspect of independence of the Judiciary and hence established some rules and regulations similarly the
part V of chapter IV and part VI of chapter V of the constitution, tells about the salary, retirement, practice after retirement, etc. and it also decided the practice of the judges after their retirement.
Prohibition of Practice after retirement
According to the rule the Supreme Court and High Court judge can’t practice after retirement and the lawyer also can’t. They get a
handsome
amount of salary and pension too after retirement but they are not permitted to practice after retirement.
Such prohibition is laid down on the judges so that they do not feel obliged or required during holding the office as a judge to the other employee of the Court. And to
end the influence of the judge in the premises they are restricted to practice.
Provision for practice after retirement
The constitution of India says that once the High Court or Supreme Court judges get retired from their service, they
can’t practice in that court itself and the lower Court. But they can practice in any other high Court or the
Supreme Court of India.
The constitution of India doesn’t prohibit the judges to take any of the posts after retirement in the commission or in the head position of any Ayog. Instead of prohibition, the government also appoints retired judges in the highest post of the commissions.
Important case law related to the subject
The Supreme Court of India, in this case clearly states that no judge can have different standards, one is outside of the court and the other is inside. Here the court mentioned that the judge will have only one standard and that is honesty, integrity, justice whether they are in the office or in the outside of it.
