NewKerala.com

Judicial Independence Under Fire: Ex-Judges Condemn "Deeply Troubling" Impeachment Move

A group of prominent former judges has slammed an attempt to impeach Madras High Court Justice G.R. Swaminathan. They call it a deeply troubling and brazen effort to pressure a judge for political reasons. The statement warns that allowing this sets a dangerous precedent that threatens the entire judiciary's independence. They urge all stakeholders to unequivocally denounce the move before it goes any further.

Key Points: Ex-Judges Condemn Impeachment Attempt Against Justice GR Swaminathan

  • Former judges call the impeachment move a brazen attempt to browbeat a sitting judge
  • They warn the effort cuts at the very roots of democracy and judicial independence
  • The statement cites historical examples like Justice HR Khanna as warnings of political overreach
  • They urge MPs, the Bar, and civil society to denounce and stop the move immediately
3 min read

'Deeply troubling': Ex-judges condemn impeachment proceedings against Justice GR Swaminathan

Former Supreme Court judges condemn a "brazen" impeachment attempt against Madras High Court Justice GR Swaminathan, calling it an assault on judicial independence.

"It is an attempt to weaponise impeachment and public calumny as instruments of pressure - Joint Statement by Retired Judges"

New Delhi, Dec 12

A group of former Supreme Court judges, former Chief Justices of High Courts and senior High Court judges have issued a joint statement condemning a “deeply troubling” attempt to initiate impeachment proceedings against Justice G.R. Swaminathan of the Madras High Court.

The statement termed the move -- led by certain Members of Parliament and supported by a few senior advocates -- a “brazen attempt” to browbeat a sitting judge simply because his judicial reasoning does not align with the “ideological and political expectations of a particular constituency”.

The retired judges said that permitting such efforts to proceed would “cut at the very roots of our democracy and the independence of the judiciary”.

The statement added that even if the allegations cited by the MP initiating the process were taken at face value, they were “wholly inadequate” to justify invoking impeachment.

The statement highlighted how the supersession of three senior Supreme Court judges following the Kesavananda Bharati verdict and the sidelining of Justice H.R. Khanna after his historic dissent in the ADM Jabalpur case continue to serve as stark reminders of the dangers of political overreach.

The judiciary, the former judges said, had “stood the test of time and withstood external pressures” despite such assaults.

According to the statement, the present episode is part of a “clear and deeply troubling pattern” in which sections of the political class seek to delegitimise and intimidate the higher judiciary whenever judicial outcomes fail to serve partisan interests.

“It is an attempt to weaponise impeachment and public calumny as instruments of pressure -- a practice that strikes at the heart of judicial independence and the basic norms of constitutional democracy,” it added.

Calling the attempt against Justice Swaminathan “a continuing assault on the dignity and independence of the judicial institution itself”, the retired judges cautioned that while today the target may be one individual judge, “tomorrow, it will be the institution as a whole”.

They urged all stakeholders -- Members of Parliament across party lines, the Bar, civil society, and citizens -- to “denounce the move unequivocally” and ensure it is “nipped in the bud at inception”.

Judicial accountability, the statement stressed, flows from a judge’s oath to the Constitution, not from “partisan pressures or ideological intimidation”.

“In a Republic governed by the rule of law, judgments are tested through appeals and reasoned legal critique -- not by threats of impeachment for political non-conformity,” the statement concluded.

- IANS

Share this article:

Reader Comments

P
Priya S
While I agree judicial independence is paramount, shouldn't there be a mechanism for genuine accountability? The article says the allegations are 'wholly inadequate' for impeachment, which is fair. But the conversation about how to ensure judges remain accountable to the Constitution, not just powerful, is one we need to have.
R
Rahul R
Shameful! This is pure political vendetta. We have seen this pattern before. Any judge who shows spine and doesn't toe the line is harassed. Remember what happened to Justice Khanna? History is repeating itself. Full support to Justice Swaminathan.
A
Ashley H
As someone following Indian politics from abroad, this is deeply concerning. The references to past events like the supersession of judges after Kesavananda Bharati show this isn't an isolated incident. A strong, independent judiciary is crucial for any democracy to function.
K
Karthik V
The statement hits the nail on the head - "weaponising impeachment". It's meant to be a nuclear option for extreme cases of misconduct, not a tool to pressure judges. If this succeeds, no judge will dare give an honest judgment against the government. Very worrying times for our institutions.
N
Nidhi U
Citizens need to pay attention to this. It's not just a legal issue; it's about our rights. If the judiciary is weakened, who will protect us from executive overreach? We must support the judges who are speaking out. Their warning - "tomorrow, it will be the institution as a whole" - is chilling.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

Leave a Comment

Minimum 50 characters 0/50