Justice Bhuyan flags 76-year absence of distinguished jurists on SC bench

Supreme Court judge Ujjal Bhuyan on Sunday batted in favour of appointing ‘distinguished jurists’ as judges of the top court, stating that such an inclusion would diversify the bench with talent and let scholars of repute contribute to the decision-making process.

Justice Bhuyan said it was regrettable that despite Article 124 (3)(c) of the Constitution enabling such an appointment, no person other than high court judges or practising lawyers has reached the Supreme Court in the last 76 years.

He remarked that either the Centre and Collegium found that there was “not enough depth” in the Indian academia to be “seriously considered” for judgeship, or both authorities have not “seriously explored this provision thus far”.

Justice Bhuyan called the assertion that legal scholars lack practical experience a “very shallow objection”, adding that distinguished academics are appointed as constitutional courts’ judges in several countries, including the United States of America, Great Britain, Canada and Kenya. Justice Bhuyan was speaking at the 13th convocation ceremony for the postgraduate students of National Law University, Delhi.

“No jurist has been appointed so far to the Supreme Court, though the Constitution has completed more than 76 years. It is regrettable that this provision has remained one of our Constitution’s unused mandates,” Justice Bhuyan said.

“No legal academic has yet been appointed as the judge of the Supreme Court despite there being some brilliant minds who could have made a substantial contribution had they become part of the bench,” he added.

Justice Bhuyan asserted that the Supreme Court, as the nation’s moral, legal and constitutional conscience keeper, was “above technicalities”, and that academia, the bar and the bench must reflect India’s real diversity.

“The reason for having this provision of ‘distinguished jurist’ is to diversify the bench with talented judges. It was believed that with their academic scholarship, such a category of distinguished jurist would not remain constricted by narrow technicalities, thereby being in a stronger position to deal with public law issues,” Justice Bhuyan said.

“Opinions have been expressed that a university professor can contribute significantly to the judicial system. I have no reason to take a different view,” he added.

Justice Bhuyan said several “highly talented” law academics in India have been underappreciated and therefore unable to contribute more meaningfully to the development of law in our country.

“A distinguished jurist can be a great value addition to the bench. By his or her scholarship, he or she can make a visible contribution to the decision-making process at the top level,” the judge opined.