Kerala High Court: Judge Facing Disciplinary Inquiry Cannot Engage Lawyer, May Seek Assistance of Another Judge

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Published 27 October 2026

Case: Not stated in the source
Court: High Court of Kerala
Bench: Justice P.V. Kunhikrishnan
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Kerala High Court, in a decision by Justice P.V. Kunhikrishnan, held that a judge facing a disciplinary inquiry cannot engage a lawyer for representation. The court clarified that the judge is entitled to seek assistance from another judge or a retired judge, but not from an enrolled advocate, citing the nature of judicial service.

Ratio Decidendi · Legal Principle Established

A judge facing a disciplinary inquiry is not entitled to engage a lawyer for representation, but may take the assistance of another judge or a retired judge, as the nature of judicial service and the disciplinary process for judges differ from that of other government employees.

Practice & Procedural Impact for Advocates

Advocates cannot represent judges in disciplinary inquiries before the High Court. Judges facing such inquiries should seek assistance from a peer (another judge or retired judge). Litigants should be aware that the procedural rules for disciplinary actions against judges are distinct from those for other public servants.

Key Legal Takeaways

1Judges cannot engage lawyers for disciplinary inquiries.
2Assistance from another judge or retired judge is permissible.
3The rules for judicial disciplinary inquiries are distinct from those for other government employees.

The Legal Issue The Kerala High Court considered whether a judge facing a disciplinary inquiry is entitled to engage an enrolled advocate for representation during the proceedings. This question arose in the context of a judge seeking to appoint a lawyer to defend themselves in an internal disciplinary process initiated by the High Court.

Court's Reasoning Justice P.V. Kunhikrishnan of the Kerala High Court ruled that a judge facing a disciplinary inquiry cannot engage a lawyer. The court reasoned that the disciplinary proceedings against a judge are distinct from those against other government employees. While other government employees may have a right to legal representation, the unique nature of judicial service and the integrity of the judiciary necessitate a different approach. The court clarified that the judge is not left without assistance; they are entitled to seek the aid of another judge or a retired judge to help them present their case during the inquiry. This distinction underscores the High Court's view on maintaining the internal discipline and decorum within the judicial system.

What Follows The Kerala High Court denied the judge's plea to engage a lawyer. Consequently, the judge must proceed with the disciplinary inquiry either by representing themselves or by taking the assistance of another judge or a retired judge. This decision sets a precedent for how disciplinary inquiries involving judges will be conducted within the jurisdiction of the Kerala High Court, emphasizing internal peer assistance over external legal representation.