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31 August 2026

Judicial appointments from legal academia

The topic directly addresses the constitutional provision under Article 124(3) regarding Supreme Court appointments, which is a core theme in the functioning of the judiciary and constitutional appointments.

1 min read 2 questions 1 prelims

Notes

  • Article 124(3) of the Constitution of India provides for the appointment of a 'distinguished jurist' as a judge of the Supreme Court.
  • Despite the provision existing for over 76 years, no legal academic or jurist has been appointed to the Supreme Court under this category to date.
  • Justice Ujjal Bhuyan argues that the inclusion of legal academics would diversify the Bench and bring scholarly depth to judicial decision-making.
  • The term 'distinguished jurist' under Article 124(3) is distinct from lawyers or judges; it refers to individuals skilled and knowledgeable in the field of law.
  • Arguments against appointing academics, such as a lack of practical experience, are considered shallow by proponents who view the Supreme Court as a constitutional conscience keeper.
  • Tolerance of disagreement and the protection of dissenting voices are identified as essential constitutional values for a mature democracy.

Questions

  1. Discuss the constitutional provision for the appointment of 'distinguished jurists' to the Supreme Court. Why has this provision remained underutilized in the Indian judicial system? 150 words
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  2. The diversity of the judiciary is essential for its role as the constitutional conscience keeper of the nation. In this context, examine the potential impact of integrating legal academia into the Supreme Court Bench and the challenges associated with such appointments. 250 words
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Prelims

  1. Which article of the Indian Constitution provides for the appointment of a 'distinguished jurist' as a judge of the Supreme Court?