Ex-Judges Unite Against Impeachment Bid: 'A Blow to Democracy and Judicial Independence'

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Thirty-six former judges have joined forces to condemn the opposition's move to impeach Madras High Court judge Justice G R Swaminathan. The former judges warn that this attempt would undermine the foundations of democracy and the independence of the judiciary. At the heart of the controversy is a December 1 judgment by Justice Swaminathan, which ruled that the Arulmighu Subramania Swamy Temple had a duty to light a lamp at the Deepathoon, sparking a row with a neighboring dargah and the Muslim community. However, the order did not encroach on the rights of the adjacent dargah or the Muslim community, according to the single-judge bench. The opposition MPs, led by the DMK, submitted a notice to Lok Sabha Speaker Om Birla to move a motion for the removal of the judge on December 9. The former judges, including former Supreme Court judge Krishn Murari J and ex-chief justices and former judges of different high courts, have expressed serious concerns over the opposition's move. They believe 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.' In a joint statement, the former judges emphasized that judges must remain accountable to their oath and the Constitution of India, not to 'partisan political pressures or ideological intimidation.' They urged all stakeholders, including Members of Parliament, members of the Bar, civil society, and citizens at large, to denounce this move and ensure it is stopped at the very beginning. The statement also highlighted a 'clear and deeply troubling pattern' in India's recent constitutional history, where sections of the political class have sought to discredit and intimidate the higher judiciary whenever outcomes do not align with their interests. This includes the unprecedented bid to initiate impeachment proceedings against then Chief Justice of India Dipak Misra in 2018. The former judges believe that the opposition's move is not principled, reasoned criticism of judicial decisions but rather an attempt to weaponize impeachment and public calumny as instruments of pressure, which strikes at the heart of judicial independence and the basic norms of constitutional democracy.