Articles 219, 220 and 221 of the Constitution of India: High Court Judges
Articles 219, 220 and 221 deal with three important aspects of the office of a High Court Judge: the oath or affirmation before entering office, restrictions on legal practice after serving as a permanent Judge, and the constitutional framework for salary, allowances, leave and pension.
The official text of the Constitution should be consulted for authoritative wording. The Legislative Department, Ministry of Law and Justice publishes the updated Constitution of India.
Article 219 - Oath or affirmation by Judges of High Courts
Meaning: A person appointed as a Judge of a High Court cannot enter upon the office until the required oath or affirmation has been made and subscribed.
Article 219 provides that every person appointed to be a Judge of a High Court shall, before entering upon office, make and subscribe an oath or affirmation before the Governor of the State, or before a person appointed by the Governor for that purpose, in the form prescribed in the Third Schedule to the Constitution.
The provision therefore links assumption of judicial office with a formal constitutional oath or affirmation. The applicable form is contained in the Third Schedule to the Constitution.
Article 220 - Restriction on practice after being a permanent Judge
Meaning: Article 220 places a post-tenure restriction on legal practice by a person who has held office as a permanent Judge of a High Court.
Under Article 220, a person who, after the commencement of the Constitution, has held office as a permanent Judge of a High Court cannot plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.
Accordingly, the constitutional restriction does not create an absolute prohibition on all legal practice. It permits practice before the Supreme Court and High Courts other than the High Court in which the person held permanent judicial office, subject to the exact constitutional text and other applicable professional rules.
Explanation in Article 220: For the purpose of this Article, the expression "High Court" excludes a High Court for a State specified in Part B of the First Schedule as it existed before the commencement of the Constitution (Seventh Amendment) Act, 1956.
Article 221 - Salaries, allowances, leave and pension of High Court Judges
Meaning: Article 221 provides the constitutional basis for payment of salaries to High Court Judges and for their allowances, leave and pension rights.
Article 221(1) - Salary
Article 221(1) provides that the Judges of each High Court shall be paid salaries determined by Parliament by law. Parliament has enacted the High Court Judges (Salaries and Conditions of Service) Act, 1954 for salaries and specified conditions of service.
Under section 13A of that Act, as reflected in the current official India Code text, the monthly salary is Rs. 2,50,000 for the Chief Justice of a High Court and Rs. 2,25,000 for a Judge of a High Court. The revised salary provisions were substituted by the 2018 amendment with effect from 1 January 2016.
Article 221(2) - Allowances, leave and pension
Article 221(2) entitles every High Court Judge to allowances and to rights relating to leave of absence and pension as determined from time to time by or under a law made by Parliament.
The proviso gives an important constitutional protection: neither the allowances of a Judge nor the Judge's rights in respect of leave of absence may be varied to the Judge's disadvantage after appointment.
| Provision | Subject | Core rule |
|---|---|---|
| Article 219 | Oath or affirmation | Required before a High Court Judge enters upon office. |
| Article 220 | Post-retirement practice | Restricts pleading or acting after service as a permanent High Court Judge, subject to the constitutional exceptions. |
| Article 221 | Salary and service benefits | Parliament determines salary and regulates allowances, leave and pension by law, with constitutional protection against specified disadvantageous variation. |