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News: Supreme Court judge Justice Ujjal Bhuyan called the unused provision for appointing a “distinguished jurist” to the Supreme Court an “unused mandate” needing attention.
About Distinguished Jurist
- A “distinguished jurist” is not specifically defined in the Constitution.
- It is generally understood as a person engaged in serious work in legal practice, teaching, or research, even without courtroom experience.
- Constitutional Provisions:
- Article 124(3): A citizen of India can be appointed as a Supreme Court judge if they have been a High Court judge for five years, an advocate for ten years, or are a “distinguished jurist” in the President’s opinion.
- Distinguished jurist route has never been used.
- Article 217: The 42nd Constitutional Amendment inserted a provision allowing a “distinguished jurist” to be considered for appointment as a High Court judge.
- This provision was later omitted by the 44th Constitutional Amendment.
- Article 124(3): A citizen of India can be appointed as a Supreme Court judge if they have been a High Court judge for five years, an advocate for ten years, or are a “distinguished jurist” in the President’s opinion.
- Constituent Assembly Background:
- H. V. Kamath proposed the provision so that candidates would not be limited to judges and advocates.
- M. Ananthasayanam Ayyangar supported bringing legal scholars into the judiciary because practising lawyers may have limited exposure to constitutional problems.
- B. R. Ambedkar did not oppose the idea but raised a concern about the word “distinguished”.
- Pros:
- Specialised knowledge: Distinguished jurists can bring research-based critical thinking and specialised legal knowledge to the judiciary.
- Diverse perspectives: Their participation can diversify the Bench and strengthen judicial discourse and decision-making.
- Public law expertise: They may be better placed to address public law issues without being limited by narrow technicalities.
- International Experience: Countries such as the US, Poland and Spain have benefited from appointing jurists as judges.
- Cons:
- Lack of Courtroom Experience: Distinguished jurists may lack courtroom experience and procedural knowledge.
- Bar Council Restrictions: Bar Council rules generally prevent full-time law teachers from practising law.
- Perceived Lack of Academic Depth: Justice Ujjal Bhuyan observed that the Central Government and later the collegium may have felt that there was not enough depth in Indian academia for such appointments.
