Appointment of Distinguished Jurists as Judges Would Have Been a Disaster
Justice Ujjal Bhuyan has recently raised a pertinent question: why, even after 76 years of the Constitution, has the Supreme Court of India never appointed a distinguished jurist as a judge of the Court? The question deserves serious consideration because the Constitution expressly provides for such a possibility. Article 124(3) makes a person eligible for appointment as a Judge of the Supreme Court if he or she is, in the opinion of the President, a “distinguished jurist.” Interestingly, this qualification is specifically provided for the Supreme Court and not for the High Courts. The Constitution, therefore, deliberately kept open a route for bringing persons from outside the conventional pool of judges and practising advocates directly to the Supreme Court. Justice Bhuyan observed that when the collegium system did not exist, one explanation offered by the Central Government was that there was not sufficient depth in Indian academia for distinguished academics to be seriously ...