GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
RAJYA SABHA
UNSTARRED QUESTION NO. 4444
ANSWERED ON - 02/04/2026
FREEZING PERIODS FOR JUDGES
4444. SHRI ANIL KUMAR YADAV MANDADI:
Will the Minister of Law and Justice be pleased to state:
(a) whether Government is proposing to bring in legislation to prescribe freezing period for
judges of High Courts/Supreme Court to join...
GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE RAJYA SABHA UNSTARRED QUESTION NO. 4444 ANSWERED ON - 02/04/2026 FREEZING PERIODS FOR JUDGES
4444. SHRI ANIL KUMAR YADAV MANDADI:
Will the Minister of Law and Justice be pleased to state:
(a) whether Government is proposing to bring in legislation to prescribe freezing period for judges of High Courts/Supreme Court to join political parties, Tribunals, Quasi-Judicial Bodies, being nominated to Parliament and any Government bodies after their retirement;
(b) if so, the details thereof; and
(c) if not, the reasons therefor? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL)
(a) to (c): As per Article 124(7) of the Constitution, a retired Judge of the Supreme Court is prohibited from pleading or acting in any court or before any authority within the territory of India. Similarly, Article 220 of the Constitution provides that a retired 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. These restrictions are rooted in principle of judicial propriety and legal ethics ensuring that a person who has held the office of a judge does not appear before authorities where they may be in a position to influence decision making.
At the same time, various Parliamentary enactments provide that the post of Chairman of Tribunal/Commission may be filled up either by appointing a sitting Judge or a person qualified to be judge of the Supreme Court/High Court or retired judge from Supreme Court, High Court or the State Judicial Services. Retired Judges constitute a valuable pool of expertise, being well versed in adjudicatory processes and the administration of justice. Accordingly, 1their services are frequently utilized by the Union and State Governments through appointment to Tribunals, Commissions of Inquiries and similar bodies.
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