Why in News?
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- Supreme Court Justice Ujjal Bhuyan has recently highlighted that the constitutional provision allowing a “distinguished jurist” to become an SC judge has remained unused for over 76 years.
What does Article 124(3) say?
A person can qualify as an SC judge if they are:
1. A High Court judge for at least 5 years; or
2. An advocate of a High Court for at least 10 years; or
3. “In the opinion of the President, a distinguished jurist.”
The third route was deliberately included to bring exceptional legal scholarship and diverse professional experience into the Supreme Court.
Why has it never been used?
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- The collegium system has traditionally recommended judges largely from the High Courts and, occasionally, directly from the Bar.
- The concept of “distinguished jurist” is not clearly defined in the Constitution.
- Legal academics may have exceptional scholarship but often lack courtroom and procedural experience.
- Bar rules also create a practical barrier: full-time salaried legal academics generally cannot simultaneously practise as advocates.
- Consequently, the constitutional possibility has remained largely unexplored.
Why could it be beneficial?
1. Greater diversity of expertise
A leading constitutional scholar could bring deeper perspectives on:
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- Constitutional theory
- Comparative constitutionalism
- Human rights
- Public law
- Emerging areas such as technology and AI regulation.
2. International precedent
Several constitutional courts have included judges with strong academic backgrounds. Justice Felix Frankfurter, for example, was a Harvard Law professor before joining the U.S. Supreme Court.
3. Better connection between “law in books” and “law in action”
Academics can contribute long-term doctrinal and theoretical perspectives that may complement courtroom experience.
Concerns
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- Practical experience: judging requires understanding evidence, procedure and courtroom realities.
- Selection ambiguity: Who decides whether someone is “distinguished”?
- Executive discretion: Excessive presidential/governmental influence could threaten judicial independence.
- Collegium compatibility: A clear mechanism is needed to identify and recommend jurists.
