Explained: Can ‘Distinguished Jurists’ Be Appointed as Supreme Court Judges?

Why in News?

    • 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?

    • 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:

    • 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

    • 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.
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