The SC order also paves the way for HC judges who have been removed on different grounds to practise at the Appellate Division in a first instance.
However, the apex court limited the scope for such practice till 2012.
The parliament will have to take a decision in this regard by December 31, 2012, the court said.
A seven-member bench of the Appellate Division headed by Justice SK Sinha gave the permission when it granted a government petition.
The government, on Monday, filed petition seeking restoration of constitutional provision allowing the retired or removed HC judges to practice law in the Appellate Division.
The petition prayed to the SC to modify its observations in the judgment on the fifth amendment to the constitution, so that article 99 (2) of the constitution can be restored, and the retired High Court judges can conduct cases before it.
The Appellate Division in the judgment on the constitution’s fifth amendment case did not specifically say anything about article 99 (2), Attorney General Mahbubey Alam told reporters Monday.
But the government has reprinted the constitution excluding article 99 (2), and therefore the provision of original constitution of 1972 has been restored prohibiting the retired HC judges to run legal profession at SC, he added.
The government petition asked for restoring the article until the parliament amends the charter.