Members of Parliament (MPs) from several opposition parties on Tuesday submitted a formal notice to the Speaker of the Lok Sabha seeking impeachment proceedings against Madras High Court judge Justice GR Swaminathan.
Submitted under Article 217 read with Article 124 of the Constitution, the impeachment motion bore the signatures of 107 MPs, including TR Baalu, A Raja, Kanimozhi, and Dayanidhi Maran from the DMK; Akhilesh Yadav and Dimple Yadav of the Samajwadi Party; Congress leaders Priyanka Gandhi Vadra, Gaurav Gogoi, and Manickam Tagore; as well as Supriya Sule (NCPSP), Arvind Sawant (Shiv Sena–UBT), ET Muhammed Basheer (IUML), Asaduddin Owaisi (AIMIM), and Thol Thirumavalavan (VCK).
The impeachment notice alleged judicial misconduct, contending that Justice Swaminathan’s conduct undermines the principles of impartiality, transparency, and adherence to secular jurisprudence mandated under Articles 14 and 21 of the Constitution. The motion specifically alleges favouritism toward a senior advocate and certain members of a specific community, raising questions about adherence to judicial ethics under the Restatement of Values of Judicial Life (1999) and the Contempt of Courts Act, 1971, which obligates judges to maintain the dignity and independence of the judiciary.
It further asserted that several judgments delivered by Justice Swaminathan exhibited alignment with particular political ideologies, thereby contravening the Constitution’s secular mandate and the principle of equality before law under Article 14. The signatories argue that such actions compromise the public’s confidence in the judiciary, which is foundational to the doctrine of judicial independence enshrined in the landmark Supreme Court verdicts of S.P. Gupta v. Union of India (1981) and Supreme Court Advocates-on-Record Association v. Union of India (1993) [Second Judges Case].
Justice Swaminathan recently permitted devotees to light a lamp on a stone pillar atop Thirupparankundram Hill near a dargah. The Tamil Nadu government has not implemented this order and has filed an appeal challenging it, citing potential disruption to public order and adherence to religious neutrality under Articles 25 and 26 of the Constitution.
The submission of this motion sets in motion the constitutional procedure for judicial removal under Articles 124(4) and 217(1), requiring an investigation by a parliamentary committee and a two-thirds majority vote in both Houses of Parliament, mirroring precedents such as the impeachment proceedings against Justice VR Krishna Iyer and Justice Soumitra Sen.
The post Opposition MPs move impeachment motion against Madras High Court judge Justice GR Swaminathan appeared first on India Legal.