Report No. 72

Appendix 2

Gist of Debates in The Lok Sabha Relevant to The Amendment of Article 220 by Constitution

(Seventh Amendment) Act, 1956.

Original article.-The Constitution as originally enacted provided as follows¹-

"220. 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."

1. Shiva Rao Select Documents, Vol. 4, p. 826, Revised draft Constitution, clause 220.

Amendment Bill and Objects and Reasons.- The question whether judges should be allowed to practise after retirement came up for consideration before Parliament when the Constitution (Ninth Amendment) Bill, 1956, which was ultimately passed as the Constitution (Seventh Amendment) Act, 1956, came up for consideration. The Statement of Objects and Reasons annexed to the Bill explained the object underlying clause 12 as follows1:-

1. Parliamentary Proceedings on the Constitution (Ninth Amendment) Bill, 1956, Vol. 1, p. 19, (14th April, 1956).

"Clause 12.- An important factor affecting the selection of High Court judges from the bar is the total prohibition contained in Article 220 on practise after their retirement from the bench. It is proposed to revise the Article 30 as to relax this complete ban and permit a retired judge to practise in the Supreme Court and in any High Court other than the one in which he was a permanent judge."