Daily
250 words
7/10
Rating

3 September 2026

Appointment of jurists as Supreme Court judges

The topic addresses a specific constitutional provision regarding the appointment of Supreme Court judges, which is a core theme in the GS2 syllabus concerning the functioning of the judiciary.

2 min read 2 questions 2 prelims

Notes

  • Article 124(3) of the Constitution provides three criteria for appointment as a Supreme Court judge: High Court judge for at least 5 years, advocate of a High Court for at least 10 years, or a 'distinguished jurist' in the opinion of the President.
  • The 'distinguished jurist' provision has remained unused for over 76 years since the inception of the Constitution.
  • The Constitution does not define 'distinguished jurist' or prescribe a minimum period of professional experience for this category.
  • Constituent Assembly debates (May 1949) indicate the provision was intended to diversify the Bench by including eminent legal scholars and academics.
  • The appointment of Felix Frankfurter to the U.S. Supreme Court, a former Harvard Law School professor, served as a historical reference for the framers.
  • The 42nd Amendment (1976) introduced the 'distinguished jurist' category for High Court appointments, but it was removed by the 44th Amendment (1978).
  • Bar Council of India Rule 49 restricts full-time law teachers from practising as advocates, creating a divide between academic legal theory and courtroom practice.
  • Supreme Court appointments are currently dominated by elevations from the High Court judiciary, with only 11 direct elevations from the Bar.

Questions

  1. The Constitution of India provides for the appointment of a 'distinguished jurist' as a Supreme Court judge under Article 124(3). Discuss the rationale behind this provision and the challenges in its implementation. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Critically examine the composition of the Supreme Court of India in the context of the constitutional provision for appointing 'distinguished jurists'. To what extent could the inclusion of legal academics enhance the diversity and functional expertise of the higher judiciary? 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

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

  2. Which constitutional amendment introduced the 'distinguished jurist' category for appointment to the High Courts, which was later omitted?

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-09-03/appointment-of-jurists-as-supreme-court-judges