Bill proposes 2-year ban on legal practice for resigned or removed judges

The government has proposed an amendment to the Judges Act to prevent judges who resign or are removed from office from practising law for a two-year period.

The amendment bill was submitted to Parliament by Saudullah Hilmy, the People’s National Congress (PNC) MP for Thinadhoo North, on behalf of the government.

Under the proposed changes, a judge who resigns or is removed from office would not be allowed to appear as legal counsel in any court where they previously held office for a period of two years. In addition, they would be prohibited from appearing as a lawyer in the specific court where they had served during the past three years.

The bill also introduces a further restriction, stating that former judges cannot participate in legal proceedings—regardless of the court—on matters they had previously presided over in a judicial capacity. This restriction would apply even after the two-year period has lapsed, for as long as a conflict of interest exists.

The amendment further proposes that any judge who resigns after the Judicial Service Commission (JSC) has recommended their removal should not be eligible for the benefits normally granted upon resignation. The JSC had drafted a rule to this effect in April 2022, and the proposed amendment seeks to codify that position in law.