The statement says that allowing such a motion would “strike at the very foundations of our democracy and independence of judiciary.”
Published Dec 13, 2025 | 1:32 PM ⚊ Updated Dec 13, 2025 | 1:32 PM
They characterise the attempt to impeach a sitting High Court judge for discharging judicial duties as part of an ongoing assault on judicial dignity and independence. Credit: hcmadras.tn.gov.in, iStock
Synopsis: 56 retired Supreme Court and High Court judges have strongly condemned opposition MPs’ impeachment motion against Madras High Court Justice G.R. Swaminathan over a temple-dargah dispute order. Terming it a blatant attempt to intimidate independent judges, they warn it undermines judicial independence and democracy, urging cross-party denunciation and stressing impeachment’s misuse as a political tool.
56 retired judges from the Supreme Court and various High Courts have issued a sharp statement taking strong exception to the Opposition MP’s initiating impeachment proceedings against Madras High Court judge Justice GR Swaminathan.
The former judges have called it a “blatant attempt to browbeat judges who do not align with the ideological and political expectations of a particular segment of society,” reported LiveLaw.
The statement, issued on 12 December, cautions that allowing such a motion to advance would “strike at the very foundations of our democracy and the independence of the judiciary.”
The retired judges stress that even accepting the grounds cited by the MPs at face value, they are “entirely insufficient” to warrant the invocation of the extraordinary constitutional remedy of impeachment. They underscore that impeachment is intended to protect judicial integrity, not to be wielded as a political instrument.
The impeachment motion arose following Justice GR Swaminathan’s order permitting temple devotees to light a lamp at a stone pillar atop Thirupparankundram hill near a dargah, and his subsequent rebuke of the Tamil Nadu government for hindering the order’s enforcement.
The former judges, in their statement, asserted that the impeachment attempt was not “an isolated irregularity.” They recalled the 2018 bid to impeach then CJI Dipak Misra, along with public campaigns directed against Chief Justices Ranjan Gogoi, SA Bobde, DY Chandrachud, and currently Chief Justice Surya Kant.
The ex-judges also drew comparisons with historical efforts to exert pressure on the judiciary, including the supersessions following the Kesavananda Bharati judgment and the marginalisation of Justice HR Khanna after his renowned dissent in ADM Jabalpur.
These, they argue, serve as stark reminders that political meddling can gravely undermine an independent judiciary. The signatories warn against transforming impeachment into an instrument of coercion, declaring that employing the threat of removal to enforce judicial conformity is “anti-democratic, anti-constitutional, and antithetical to the rule of law.”
They characterise the attempt to impeach a sitting High Court judge for discharging judicial duties as part of an ongoing assault on judicial dignity and independence.
Urging MPs from all political parties, the Bar, civil society, and the public to “condemn this action,” the statement affirms that judges are accountable solely to their oath and the Constitution. They said, disagreement with judicial rulings should be resolved through appeals and legal argument, not by resorting to impeachment as political reprisal.
