Thirty-six former judges condemned the move to impeach Madras High Court judge Justice G.R. Swaminathan, warning that using impeachment as a political weapon undermines judicial independence and strikes at the very foundation of India’s constitutional democracy.
Former Judges Strongly Object to Impeachment Motion
New Delhi: Serious concerns have been raised in judicial circles across the country regarding the attempt by opposition MPs to bring an impeachment motion against Justice G.R. Swaminathan of the Madras High Court.
On Saturday, December 20, 2025, 36 former judges issued a joint statement strongly condemning the move, calling it a direct attack on democracy and the independence of the judiciary.
The controversy stems from a December 1st ruling in which Justice Swaminathan stated that the Arulmigu Subramania Swamy Temple had the obligation to light lamps at the traditional Uchi Pillaiyar Mandapam site, as well as in Deepthoon. The court clarified that this did not violate the rights of the nearby dargah or the Muslim community.
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Following this decision, a political controversy erupted. On December 9th, MPs from opposition parties, led by the DMK, submitted a notice to Lok Sabha Speaker Om Birla to initiate proceedings for the removal of the judge. This move was seen as unprecedented pressure on the judiciary.
The former judges described the initiative as a "brazen attempt to intimidate judges" who do not deliver judgments according to specific political or ideological expectations. The statement said that if such attempts are allowed to proceed, it would undermine the very foundations of democracy and the independence of the judiciary.
Madras High Court
The former judges appealed to Members of Parliament, lawyers, civil society, and ordinary citizens to openly condemn this move and stop it in its tracks. They stated that judges are accountable only to the Constitution and their oath, not to political pressure or ideological threats. Political Pressure vs. Constitutional Propriety
The joint statement said that in any republic, judicial decisions are subject to review through appeals and legal criticism, not through threats of impeachment based on political disagreement. Doing so is contrary to the fundamental principles of constitutional democracy.
The former judges stated that this is not an isolated incident. They cited previous attempts to impeach then-Chief Justice Deepak Mishra in 2018 and subsequent attacks on Ranjan Gogoi, S.A. Bobde, and D.Y. Chandrachud. Similar political attacks are also being leveled against the current Chief Justice, Justice Surya Kant, following his judgments.
According to the former judges, such attempts to intimidate or defame the judiciary are not only an attack on a judge but also a serious threat to the Constitution, democracy, and the rule of law. They clearly stated that constitutional tools like impeachment should not be used as political weapons.
