Distinguished Jurist: The Unused Route To Appoint An SC Judge, Pg17

Key Highlights:

• Supreme Court Justice Ujjal Bhuyan recently highlighted the unused provision in Article 124(3) of the Constitution.
• This article allows for the appointment of a "distinguished jurist" as a judge of the Supreme Court of India.
• Despite the constitutional mandate, this route has never been utilized since the Constitution came into force over 76 years ago.
• Justice Bhuyan emphasized that appointing a distinguished jurist would diversify the bench and enhance its capacity to address public law issues.

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Detailed Insights:

• Article 124(3) specifies three qualifications for a Supreme Court judge: five years as a High Court judge, ten years as an advocate, or being a "distinguished jurist" in the President's opinion.
• The "distinguished jurist" clause was incorporated during the Constituent Assembly Debates on May 24, 1949, following an amendment proposed by H.V. Kamath.
• B.R. Ambedkar supported the inclusion, aiming to broaden the pool of candidates beyond just judges and advocates.
• A similar provision for High Court judges was briefly introduced by the 42nd Constitutional Amendment Act, 1976, but was subsequently repealed by the 44th Constitutional Amendment Act, 1978.
• Justice Bhuyan suggested two reasons for its non-use: a perceived lack of academic depth in India or a failure by the government and the Supreme Court Collegium to seriously explore this provision.
• The appointment process, governed by the Supreme Court Collegium, requires its recommendation for any jurist to be considered for elevation.
• Rules by the Bar Council of India generally restrict full-time law teachers from practicing, potentially limiting the pool of eligible jurists with practical legal engagement.

Key Concepts Involved:

• Article 124(3): A constitutional provision outlining the eligibility criteria for appointment as a judge of the Supreme Court of India.
• Distinguished Jurist: An eminent legal scholar, academician, or researcher considered eligible for direct appointment to the Supreme Court.
• Supreme Court Collegium: A system comprising the Chief Justice of India and four senior-most Supreme Court judges responsible for judicial appointments and transfers.
• Constituent Assembly Debates: The discussions and deliberations that took place among the members of the Constituent Assembly while drafting the Constitution of India.
• 42nd Constitutional Amendment Act, 1976: A significant amendment during the Emergency, which briefly included the "distinguished jurist" clause for High Court judges.
• 44th Constitutional Amendment Act, 1978: An amendment that largely reversed many changes made by the 42nd Amendment, including the repeal of the "distinguished jurist" clause for High Court judges.