If you are a law student then this question may come to your mind can a Judge practice law or do advocacy after his/her retirement? In this article, you will learn about you can a Judge practice law or do advocacy after the retirement of a Judge post. That's why read this post till the end.
As you know a lawyer becomes a Judge after possessing some qualifications with him/her. When a lawyer possesses long experience in the legal field then he/she may be qualified for Judge.
A person who has completed his/her bachelor's degree in law (LLB/BALLB) and has a minimum of eight years of experience in the legal field then he/she can apply for the post of Judge of District Court.
There are three tiers of court i.e. Supreme Court, High Court, and District Court. Here Supreme Court is the highest and final court. The qualifications required for Judges in different tiers of court are different. The powers and duties of Judges of the Supreme Court, High Court, and District Court are also different according to their post.
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The provisions relating to whether a judge can practice or engage in the practice of law are clearly mentioned under Articles 135 and 146 of the Constitution of Nepal.
These constitutional provisions clearly state who can practice law again after his/her retirement as a Judge and what are the conditions and limitations for practicing law after retirement as a Judge.
The Chief Justice and Judges of the Supreme Court cannot practice law after his/her retirement but the judges of the High Court and District Court can practice law after his/her retirement as Judge.
However, there are some limitations in which a person who retired as a Judge of the High Court or District Court cannot practice law. Similarly, there are some conditions under which a person who retired as a Judge can practice law.
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Note: The Chief Justice and Judges of the Supreme Court cannot practice law at any cost after his/her retirement from the office. He/she also cannot engage in mediation or arbitration proceedings before any office or court.
A person who retired as a Judge of The High Court and District Court Judge can practice law at the Supreme Court and District Court except where he/she has worked as a Judge. It means if a person has worked as a Judge at the Kathmandu High Court then he/she can practice law at the Supreme Court and other High Court except Kathmandu High Court.
Constitutional Provisions Regarding Engaging in Practice of Law after Retirement from Service (Part 11: Judiciary)
135. Not to be engaged in the practice of law: No Chief Justice or Judge of the Supreme Court may, after retirement from service, be engaged in the practice of law, mediation, or arbitration proceedings before any office or court.
146. To be engaged in the practice of law: A person who has retired from the office of a Judge of a High Court may be engaged in the practice of law before the Supreme Court and a High Court, other than the High Court where he or she has served as a Judge and a subordinate court.
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At last, I hope you have become clear about whether a Judge can practice law or not from this article. If you have any questions or queries regarding this then comment. I will respond as soon as possible.