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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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