Justice Ujjal Bhuyan has raised concerns about the lack of distinguished jurists being appointed as judges of the Supreme Court, despite the Constitution providing a way for such appointments.
Speaking at the 13th convocation of National Law University, Delhi, Justice Bhuyan pointed out that no distinguished jurist has been appointed as a Supreme Court judge since the Constitution came into force more than 76 years ago.
He described this as one of the major issues that has remained unresolved in India’s judicial system for a very long time. According to him, the constitutional provision allowing distinguished legal experts to become Supreme Court judges has remained unused for decades.
Justice Bhuyan said bringing experienced legal scholars and academic experts into the Supreme Court should not be viewed as simply an additional option. He stressed that such appointments could play an important role in strengthening India’s democracy and judicial system.
Distinguished jurists could bring new ideas, different perspectives, and wider knowledge of legal issues to the country’s highest court. Their academic and professional experience could also help the judiciary look at complex legal questions from new angles.
He suggested that the continued failure to use this constitutional provision reflects a degree of complacency within the judicial system. For decades, the opportunity to bring leading legal minds directly into the Supreme Court has remained largely untouched.
The issue also raises questions about how the judiciary can continue to develop as Indian society changes. New social, technological, economic, and constitutional challenges require courts to consider evolving ideas and different viewpoints.
Justice Bhuyan’s remarks highlight the importance of maintaining a strong connection between the judiciary and the wider legal and academic community. Bringing distinguished jurists into the Supreme Court, he suggested, could help introduce fresh thinking and a broader intellectual perspective.
The comments have also renewed attention on a constitutional provision that has existed since the beginning of the Republic but has never been used to appoint a distinguished jurist to the Supreme Court.
For Justice Bhuyan, making use of this provision could be an important step toward creating a more dynamic and forward-looking judicial system. It could also help ensure that India’s highest court continues to respond effectively to the changing needs of society while protecting constitutional values and justice.