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Should Law Professors Be Elevated as Judges in India? The Constitutional Debate.
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Key Highlights of the Article:

Can law professors be elevated as judges in India?

The Constitution of India explicitly recognises “distinguished jurists” under Article 124 (3) of the Constitution of India as a source for judicial appointments, especially to constitutional courts.

Law Professors presence on the Bench remains Zero.

Article 124(3)(c) of the Constitution has not been used in India. Even though it was envisaged by the Constituent Assembly.

The absence of law professors on the Bench, therefore, is not due to lack of eligibility, but lack of institutional imagination.

In Nov 12, 2025, Professor Phoebe Okowa, Professor of Public International Law at the School of Law at Queen Mary University of London, has been elected as a Judge of the International Court of Justice (ICJ) by the United Nations General Assembly and the United Nations Security Council.

The Constitution permits it. The framers envisioned it. Global practice supports it. Academic excellence demands it. What remains is institutional courage.

Globally, the elevation of law professors to the judiciary is not an exception. it is a norm.

The debate is not just legitimate, it is necessary.

Felix Frankfurter was a prominent law professor at Harvard Law School for over two decades before President appointed him to the U.S. Supreme Court in 1939, where he served until 1962.