Over 50 Former Judges Express Solidarity With Justice G R Swaminathan Amid Impeachment Row

More than 50 former judges of the Supreme Court and former Chief Justices and judges of various High Courts have strongly condemned the move by certain Members of Parliament and senior advocates to initiate impeachment proceedings against Justice G.R. Swaminathan of the Madras High Court over his judgment in the Deepam row, calling it a direct threat to judicial independence.

In a statement issued on Friday, the former judges said the attempt amounted to intimidation of judges who do not conform to political or ideological expectations. “This is a brazen attempt to browbeat judges who do not fall in line with the ideological and political expectations of a particular section of society,” the statement said, warning that allowing such a move to proceed would “cut at the very roots of our democracy and the independence of the judiciary.

The condemnation comes in the backdrop of the controversy surrounding Justice Swaminathan’s order in the Deepam matter, in which he permitted the lighting of the traditional Karthigai Deepam atop the Thiruparankundram hill in Madurai, a site that houses a temple as well as a nearby dargah. In his ruling, the judge directed that the ceremonial lamp be lit on the historic “Deepathoon” pillar by December 4, holding that the ritual would not infringe upon the religious rights of the Muslim community.

The controversy has long revolved around a customary shift. For more than a century, the lamp was traditionally lit at a “Deepa Mandapam” near the Uchi Pillaiyar Temple on the hill which is a lower, widely accepted spot. But this year, petitioners sought the ancient Deepathoon on the hill as the site for lighting, arguing that ritual tradition and temple ownership supported their claim.

In their statement, the judges stressed that even if the grounds cited by the MPs were accepted at face value, they fell far short of the constitutional threshold required for impeachment. “The reasons mentioned are wholly inadequate to justify resorting to such a rare, exceptional and serious constitutional measure as impeachment,” the statement said.

Drawing parallels with past episodes of executive overreach, the signatories said,"It may be recalled that even during the dark period of the Emergency, the then Government adopted various mechanisms including supersessions to penalise judges who refused to "toe the line". The supersession of three seniormost judges of the Supreme Court after the decision in Kesavananda Bharati, the sidelining of Justice H.R. Khanna after his famous dissent in ADM Jabalpur, are sobering reminders of how political overreach can damage judicial independence. Despite these onslaughts, our Judiciary has stood the test of time and withstood all external pressures."

The statement described the present impeachment move as part of a “deeply troubling pattern” in recent years, citing the failed impeachment attempt against former Chief Justice of India Dipak Misra in 2018 and sustained public attacks on successive Chief Justices.

“This is not principled, reasoned criticism of judicial decisions; it is an attempt to weaponise impeachment and public calumny as instruments of pressure,” it said while emphasising that impeachment is meant to protect judicial integrity and not serve as a tool of retaliation. The former judges said that targeting a sitting High Court judge for a judicial decision sets a dangerous precedent.

“Today, the target may be one judge; tomorrow, it will be the institution as a whole,” the statement added.

Calling for collective resistance, the former judges urged parliamentarians across party lines, members of the Bar and civil society to unequivocally oppose the move. "The message from all constitutional stakeholders must be clear and firm: in a Republic governed by the rule of law, judgments are tested by appeals and legal critique, and not by threats of impeachment for political non- conformity," the statement said.

Notably, on December 9, Dravida Munnetra Kazhagam (DMK) led a delegation of INDIA bloc Members of Parliament to Lok Sabha Speaker Om Birla to submit an impeachment notice seeking removal of Madras High Court judge Justice G R Swaminathan. They alleged alleged that Justice Swaminathan’s conduct undermines confidence in judicial impartiality and transparency. They also accused him of extending undue favour to a senior advocate and lawyers belonging to a particular community and claimed that some of his verdicts are coloured by political ideology, contrary to the secular scheme of the Constitution.

Date: 12 December 2025