When you think of a Supreme Court judge, you probably picture someone who has spent decades arguing cases in court or delivering judgments in a High Court. We rarely imagine a university professor sitting on the highest bench in the country. But did you know that the Indian Constitution actually allows top law professors and scholars to become Supreme Court judges directly?
Despite this rule existing for over 76 years, it has never been used. Not a single academic has ever been appointed to the Supreme Court of India under this specific provision.
Recently, Supreme Court Justice Ujjal Bhuyan brought this forgotten rule back into the spotlight. Speaking at the 13th Convocation of the National Law University Delhi (NLU Delhi), he questioned why the government and the judiciary have ignored this constitutional mandate. Let us break down what he said, what the law actually states, and why this matters for the Indian justice system.
The 76-Year-Old Unused Rule
The Constitution of India sets clear rules on who can become a judge in the Supreme Court. Under Article 124(3), the President of India can appoint someone as a Supreme Court judge if they fall into one of three categories.
First, they can be a judge of a High Court for at least five years. Second, they can be an advocate of a High Court for at least ten years. Third, they can be a “distinguished jurist” in the opinion of the President.
A “distinguished jurist” simply means a highly respected legal scholar, academic, or law professor who has deep knowledge of the law. While the first two categories are used all the time, the third category has gathered dust since the Constitution was adopted. Justice Bhuyan pointed out that this is a missed opportunity for the country.
Justice Bhuyan’s Big Question: Why Has This Happened?
During his address to the graduating postgraduate students at NLU Delhi, Justice Bhuyan asked a very important question: Why has no distinguished jurist been made a Supreme Court judge in 76 years?
He suggested two possible reasons for this historical blank space:
- Doubt about academic depth: The first reason could be that the people in power simply did not believe Indian academics were good enough. Before the Collegium system existed, the Central Government made these choices. After the Collegium system began, the senior judges took over. Justice Bhuyan noted that perhaps both groups felt Indian academia lacked the “depth” required to be seriously considered for the Supreme Court.
- Lack of serious effort: The second reason, which Justice Bhuyan believes is much more likely, is that no one has ever seriously tried to use this rule. Both the Central Government and the Collegium have simply not explored the idea of bringing academics to the bench.
The History Behind The Law
To understand why this rule exists in the first place, we have to look back at the Constituent Assembly. These were the leaders who debated and drafted the Constitution of India before 1950.
Justice Bhuyan reminded the audience that a member named H.V. Kamath had originally proposed this idea. Kamath argued that the pool of candidates for the Supreme Court should not be limited only to practicing lawyers and sitting judges. He wanted to include distinguished jurists as well.
The Constituent Assembly agreed with him and accepted the proposal. “The Constituent Assembly evidently felt it important to have legal academics and professors as judges of the Supreme Court of India,” Justice Bhuyan explained.
Do Academics Lack Practical Experience?
One of the biggest arguments against appointing law professors as judges is that they lack “practical experience.” Critics say that knowing the law from a book is very different from handling real-life cases in a noisy, crowded courtroom.
Justice Bhuyan completely rejected this argument, calling it a “shallow objection.” He argued that a distinguished jurist can add massive value to the Supreme Court. Through their deep research and scholarship, they can bring fresh perspectives to complex legal problems.
He also quoted D.D. Basu, one of India’s most famous constitutional scholars. Basu had always maintained that bringing academic jurists of the right caliber into the highest court would deeply enrich the institution. Calling it “regrettable” that the mandate remains unused, Justice Bhuyan noted that many other countries successfully do this. In places like the United States, the United Kingdom, Canada, and Kenya, academics are regularly appointed to constitutional courts.
What The Law Says: Article 124 and The Collegium
If you are a law student or just a curious citizen, it is helpful to understand the legal machinery behind these appointments. The appointment of Supreme Court judges is governed by Article 124 of the Constitution of India.
While the Constitution says the President appoints the judges, the actual power lies with the Collegium. The Collegium is a group made up of the Chief Justice of India and the four senior-most judges of the Supreme Court. They are the ones who select names and recommend them to the Central Government for appointment.
Because the Collegium is made up entirely of career judges, they naturally tend to look at High Court judges and senior advocates when searching for new colleagues. The idea of looking into university campuses for a Supreme Court judge requires a major shift in how the Collegium operates.
Why This Matters For You
You might wonder why it matters if a judge comes from a High Court or a university. The answer lies in diversity of thought. The Supreme Court of India does not just solve disputes between two people; it decides the meaning of the Constitution. It rules on our fundamental rights, privacy, freedom of speech, and the powers of the government.
When a court only has people with the exact same career background, they might all think the same way. Academics spend their entire lives researching the philosophy of law, comparing Indian laws with global standards, and spotting long-term trends. Having at least one distinguished jurist on the bench could lead to more thoughtful, well-researched, and forward-looking judgments that protect citizens’ rights better.
Justice Bhuyan concluded his speech with a clear call to action. He urged the academic community to debate this issue and bring it back into the public eye. After 76 years, it might finally be time to open the doors of the Supreme Court to India’s brightest legal scholars.
The Takeaway
The Constitution allows top law professors to become Supreme Court judges, but the system has ignored this rule for 76 years. Bringing academic experts to the highest court could introduce fresh, deeply researched perspectives into how India’s laws are interpreted.
Story reported by Barandbench. This article is BareLaw’s independent explanation and analysis.
📲 Get every BareLaw story on Telegram — simple legal news, 5 times a day, free: t.me/barelaw
