A large group of former judges from the Supreme Court and various High Courts has issued a forceful public statement opposing the impeachment proceedings initiated against Justice G.R. Swaminathan of the Madras High Court. Their collective intervention comes at a time when more than a hundred Members of Parliament belonging to the INDIA bloc, particularly the DMK and its allies, have moved a petition seeking his removal. The retired judges expressed deep concern over what they describe as a troubling attempt to exert political pressure on the judiciary by targeting a sitting judge for his judicial decisions rather than for conduct that legitimately warrants impeachment under the Constitution.
The impeachment proposal stems largely from criticism surrounding one of Justice Swaminathan’s recent orders connected to the Karthigai Deepam festival at Thirupparankundram, where he directed authorities to ensure the ceremonial lighting of a lamp at a disputed site. This directive triggered political objections and accusations of impropriety, with several opposition leaders alleging that the order amounted to judicial overreach and reflected a form of ideological bias. Relying on these objections, the MPs framed their impeachment notice, which has since grown into a wider political controversy.
Reacting strongly to the move, the retired judges stated that they found the impeachment effort to be an unsettling and unjustifiable interference with judicial independence. According to them, impeachment is a serious constitutional mechanism meant only for instances of proven misconduct, incapacity, or ethical violation—not for expressing disagreement with a judge’s interpretation of the law or their judicial reasoning. They warned that using impeachment as a political instrument risks creating a chilling effect on the judiciary, as judges may feel intimidated into delivering decisions that align with political expectations instead of the law.
The former judges further described the current attempt as an effort to “browbeat” a sitting member of the judiciary. They stressed that punishing a judge for a judicial decision—without any demonstrable wrongdoing—destabilizes the core constitutional principle that courts must remain insulated from external pressures. Any move that penalizes a judge for the content of a judgment, they argued, poses a direct threat to the rule of law, undermines democratic institutions, and could erode public confidence in the judiciary’s impartiality.
Their statement also called attention to the long-standing constitutional safeguard that judicial independence is not merely a privilege of judges but a right of every citizen who expects the courts to function free of political influence. They urged lawmakers to refrain from weaponizing the impeachment process and advised all stakeholders including the legal fraternity and civil society to remain vigilant against attempts to intimidate judicial officers for performing their duties.
The controversy over Justice Swaminathan’s potential impeachment has sparked varied reactions across legal and political circles. Critics of the motion maintain that it is unprecedented in its overtly political nature, while supporters argue that MPs have exercised a constitutional right in bringing the matter forward. As the debate continues, the statement by former judges stands as a strong reminder of the delicate balance between accountability and independence in India’s judicial system, and the need to preserve that balance in the face of political pressures.
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