Appointment Of High Court Judges: The Inclusion Of Law Teachers In The Indian Judiciary
- IJLLR Journal
- Sep 27
- 2 min read
Dr. Gowthaman N, Associate Professor, (Crime and Tort) in Chennai Dr Ambedkar Law College, Pudupakkam.
ABSTRACT
The appointment of judges to the High Courts in India remains one of the most critical aspects of the judiciary, directly impacting its independence, efficiency, and credibility. Traditionally, Article 217(2) of the Constitution restricts eligibility for High Court judgeships to practicing advocates with at least ten years of experience and members of the judicial service. This approach, while historically justified, overlooks an equally significant category of legal Professionals law teachers. Professors, Associate professors, and Assistant professors of law play a vital role in shaping legal thought, producing scholarly works, and training future members of the Bar and Bench. Their contributions as academics and intellectual leaders qualify them to be regarded as “legal luminaries,” a category already recognized under Article 124(3) in the context of Supreme Court appointments. The constitutional framework governing judicial appointments, the historical neglect of academicians in this process, and the potential benefits of broadening the eligibility criteria to include law teachers. It explores landmark cases, including Justice Prabha Sridevan’s case, which highlighted challenges in appointment practices, and considers comparative experiences from jurisdictions such as the United States and the United Kingdom, where distinguished academics have been elevated to the Bench. The analysis also emphasizes the importance of field elevation as a means to promote diversity, ensure speedy justice, and strengthen the role of the High Court as a Court of Record under Article 215. The constitutional and policy reforms to address the existing lacunae in judicial appointments and proposes recognition of law teachers as eligible us appoints as judges of High Courts. By doing so, India can expand its judicial talent pool, enrich judicial reasoning with academic rigor, and align its practices with international standards of judicial appointments.
Keywords: Judicial Appointments, High Courts, Law Teachers, Legal Luminaries, Constitutional Reform
