Justice Bhuyan Urges Supreme Court to Appoint Jurists After 76 Years

Supreme Court judge Justice Ujjal Bhuyan has highlighted the lack of appointments of distinguished jurists to the Supreme Court bench, noting that in the 76 years since India’s Constitution was adopted, no non-judge or non-practicing lawyer has been elevated to the apex court under Article 124. Speaking at the 13th convocation of National Law University, Delhi, Justice Bhuyan expressed regret over the underutilization of a constitutional provision meant to diversify judicial expertise by including eminent legal scholars.

Article 124 of the Indian Constitution allows for the appointment of distinguished jurists as Supreme Court judges, but this provision has never been exercised. Justice Bhuyan questioned whether Indian academia lacks the depth required for judicial consideration or if the government and the Collegium system have simply not explored this option seriously. He dismissed the argument that legal academics lack practical experience as a “very shallow objection,” pointing to the appointment of distinguished academics in constitutional courts in the United States, Great Britain, Canada, and Kenya.

Justice Bhuyan emphasized that the Supreme Court, as the guardian of India’s moral, legal, and constitutional conscience, must reflect the nation’s true diversity. He argued that scholars bring academic scholarship that can help the court move beyond narrow technicalities, particularly in public law matters. “The reason for having this provision of ‘distinguished jurist’ is to diversify the bench with talented judges,” he stated.

He also noted that many highly talented law professors in India remain unrecognized and unable to contribute meaningfully to the development of Indian law. According to Justice Bhuyan, appointing distinguished jurists would add significant value to the decision-making process at the highest judicial level. He concluded by affirming that university professors can contribute significantly to the judicial system.

The call for greater inclusion of legal scholars comes amid ongoing discussions about judicial diversity and expertise in India’s higher judiciary. While the Collegium system, which appoints Supreme Court judges, has been criticized for its opacity and limited scope, Justice Bhuyan’s remarks underscore a broader debate about broadening the sources of judicial talent.

Currently, Supreme Court judges are typically selected from high court judges or senior advocates with long-standing courtroom experience. The inclusion of distinguished jurists could introduce new perspectives rooted in legal academia, potentially enriching judicial reasoning on complex constitutional and public interest matters.

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