Overview
On December 20, 2025, a group of thirty-six former judges issued a strong statement denouncing the move by opposition leaders to impeach Justice G.R. Swaminathan of the Madras High Court. The judges emphasized that such an attempt, if allowed to proceed, would undermine the foundations of democracy and the independence of the judiciary. This development raises critical questions about the relationship between the judiciary and the political branches of government in India.
Background
The controversy stems from a ruling made by Justice Swaminathan on December 1, 2025, concerning the Arulmighu Subramania Swamy Temple. The judge ruled that the temple was obligated to light the lamp at the Deepathoon, in addition to the customary lighting near the Uchi Pillaiyar Mandapam. This decision sparked disagreement, leading to opposition MPs submitting an impeachment notice.
Key Developments
Impeachment Notice
On December 9, 2025, several opposition Members of Parliament, led by the DMK, submitted a notice to Lok Sabha Speaker Om Birla to initiate a motion for the removal of Justice G.R. Swaminathan. This action prompted a strong reaction from the legal community.
Statement by Former Judges
The former judges, in their joint statement, expressed serious concern over the impeachment move, describing it as a "brazen attempt to browbeat judges who do not fall in line with the ideological and political expectations of a particular section of society." They called upon all stakeholders to unequivocally denounce the move.
- Key Argument: Judges must remain answerable to their oath and the Constitution, not to partisan political pressures.
- Call to Action: Members of Parliament, the Bar, civil society, and citizens should denounce the impeachment move.
- Emphasis: Judgments should be tested by appeals and legal critique, not by threats of impeachment.
Pattern of Intimidation
The statement highlighted that this move is not an isolated incident but part of a troubling pattern in India's constitutional history. The judges cited previous instances where the judiciary faced undue pressure and intimidation.
- 2018 Impeachment Bid: The unprecedented attempt to initiate impeachment proceedings against then Chief Justice of India Dipak Misra.
- Campaigns of Vilification: Sustained campaigns against Chief Justices Ranjan Gogoi, S A Bobde, and D Y Chandrachud while they were in office.
- Targeted Attacks: Attacks against the incumbent CJI, Justice Surya Kant, whenever a judgment displeases a political constituency.
Exam Relevance
GS2: Polity and Governance
This news article is highly relevant for the UPSC Civil Services Exam, particularly for GS Paper 2: Polity and Governance. It touches upon critical aspects of the Indian Constitution, the judiciary, and the separation of powers.
Key Themes
- Judicial Independence: The importance of maintaining the judiciary's independence from political influence.
- Separation of Powers: The balance between the legislative, executive, and judicial branches of government.
- Constitutional Values: The role of the judiciary in upholding the Constitution and protecting fundamental rights.
Potential Questions
This topic can be framed into questions such as:
- Discuss the significance of judicial independence in a democratic society.
- Analyze the challenges faced by the Indian judiciary in maintaining its independence.
- Evaluate the role of impeachment as a tool for accountability and its potential for misuse.
Important Facts
- The statement was signed by former Supreme Court judge Krishn Murari J and other ex-chief justices and judges.
- The opposition party's move is seen as part of a pattern to discredit the judiciary.
- The judges emphasized that judgments should be tested by appeals, not threats of impeachment.