New Delhi, Aug. 30 -- Supreme Court judge Ujjal Bhuyan on Sunday batted in favour of appointing 'distinguished jurists' as judges of the top court, stating that such an inclusion would diversify the bench with talent and let scholars of repute contribute to the decision-making process.
Justice Bhuyan said it was regrettable that despite Article 124 (3)(c) of the Constitution enabling such an appointment, no person other than high court judges or practising lawyers has reached the Supreme Court in the last 76 years.
He remarked that either the Centre and Collegium found that there was "not enough depth" in the Indian academia to be "seriously considered" for judgeship, or both authorities have not "seriously explored this provision thus far".
Justice Bhuyan called the assertion that legal scholars lack practical experience a "very shallow objection", adding that distinguished academics are appointed as constitutional courts' judges in several countries, including the United States of America, Great Britain, Canada and Kenya.
Justice Bhuyan was speaking at the 13th convocation ceremony for the postgraduate students of National Law University, Delhi.
"No jurist has been appointed so far to the Supreme Court, though the Constitution has completed more than 76 years. It is regrettable that this provision has remained one of our Constitution's unused mandates," Justice Bhuyan said.
"No legal academic has yet been appointed as the judge of the Supreme Court despite there being some brilliant minds who could have
made a substantial contribution had they become part of the bench," he added.
Justice Bhuyan also said that students expressing a different point of view or asking questions cannot be threatened with punitive action, as such an approach is unconstitutional and a misuse of power.
Published by HT Digital Content Services with permission from Millennium Post.