NEW DELHI: Supreme Court judge Justice Ujjal Bhuyan on Sunday strongly favoured appointing distinguished jurists as judges of the top court, saying such a move would diversify the bench and enable reputed scholars to contribute to decision-making.
Speaking at the 13th convocation of National Law University, Delhi, Justice Bhuyan said Article 124(3)(c) of the Constitution specifically provides for this category. Yet, in more than 76 years, no one other than high court judges or practising lawyers have been elevated to the Supreme Court. “It is regrettable that this provision has remained one of our Constitution’s unused mandates,” he said.
Either the Centre and the Collegium believe Indian academia lacks sufficient depth for serious consideration, or the provision has simply not been explored properly, he said. Justice Bhuyan dismissed the common argument that legal scholars lack practical experience as a “very shallow objection”.
He pointed out that distinguished academics routinely serve as judges of constitutional courts in the United States, Britain, Canada and Kenya. The purpose of the “distinguished jurist” clause, he said, was to bring in judges whose academic scholarship would free them from rigid technical constraints and equip them better to handle complex public law issues.
Further, he said that the right to question is central to democracy, adding that students cannot be threatened when they express a different viewpoint.