56 former judges have condemned the impeachment move against Justice GR Swaminathan, calling it a “brazen attempt to browbeat judges.” They warn that the action threatens judicial independence and sets a dangerous precedent for democracy.
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CHENNAI: Fifty-six former judges, including retired Supreme Court judges and former Chief Justices of various High Courts, have issued a powerful open letter urging Members of Parliament to immediately withdraw the impeachment notice filed against Madras High Court judge Justice GR Swaminathan. The former judges warned that the move represents a serious assault on judicial independence and could set a dangerous precedent for the future of India’s democratic institutions.
The impeachment notice was initiated after Justice Swaminathan directed state authorities to ensure that a sacred lamp be lit at a hilltop temple, an order issued while hearing a petition filed by a right-wing activist.
Government officials contested the directive, arguing that it violated the long-standing practice of lighting the lamp at the nearby Deepa Mandapam, where the ritual had traditionally taken place for years.
In their detailed letter, the former judges expressed deep concern over what they described as an attempt to intimidate a sitting judge for delivering a judicial order that did not align with certain political viewpoints.
“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 signatories emphasised that even if the reasons cited by the MPs are taken at face value, they remain “wholly inadequate” to justify invoking a constitutional measure as serious and rare as impeachment.
The letter strongly criticised the use of impeachment as a reaction to judicial decisions:
“The very purpose of the impeachment mechanism is to uphold the integrity of the judiciary, not to convert it into a tool of arm-twisting, signalling and retaliation.”
They warned that using the threat of removal to pressure judges into aligning with political expectations would be anti-democratic, anti-constitutional, and dangerous for the rule of law.
The judges further cautioned:
“Today, the target may be one judge; tomorrow, it will be the institution as a whole.”
The letter noted that this incident is not isolated. It reflects a broader trend of attempts to discredit or attack judges whose rulings do not favour specific political groups.
They pointed to earlier attempts to target former Chief Justices Dipak Misra, Ranjan Gogoi, SA Bobde, DY Chandrachud, and even the current CJI Justice Surya Kant whenever their judgments displeased certain political or ideological factions.
According to the signatories, these repeated episodes signal a rising effort to weaponize impeachment threats and public criticism to influence the judiciary.
The former judges urged all stakeholders, including MPs across party lines, members of the Bar, civil society, and citizens, to reject the impeachment initiative.
“Judges must remain answerable to their oath and to the Constitution of India, not to partisan political pressures or ideological intimidation.”
They insisted that the move be stopped “at the very inception” to prevent long-term damage to India’s democratic framework.
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