Ex-Judges say Impeachment bid against HC Judge is "threat" to Judicial Independence
Dec 12, 2025
New Delhi [India], December 12 : A group of former Supreme Court and High Court judges has issued a strong appeal asking Members of Parliament to stop the move to impeach Madras High Court judge Justice G.R. Swaminathan, saying it is unfair and dangerous for the independence of the judiciary.
In their statement, the judges say this attempt looks like an effort to pressure or scare judges who do not follow certain political or ideological views. They add that even if the reasons given by the MPs are accepted, they are not serious enough to justify impeachment, a step that should be used only in the rarest and most serious cases.
They remind the public that similar political pressure was seen during the Emergency, when some judges were punished for not "toeing the line." Despite that, the judiciary has always fought to remain independent.
According to the former judges, this is not a one-time incident. They point out that in recent years, attempts were also made to attack or discredit former Chief Justices like Dipak Misra, Ranjan Gogoi, S.A. Bobde and D.Y. Chandrachud, as well as current CJI Justice Surya Kant, whenever their decisions upset political groups. This, they say, is an attempt to use impeachment and public criticism as tools to control judges, not genuine legal criticism.
They warn that impeachment is meant to protect the judiciary, not to threaten judges into behaving a certain way. Turning it into a weapon against judges is "anti-democratic" and harms the rule of law. If such actions continue, they fear, today one judge is targeted, tomorrow the entire institution could be weakened.
The former judges have urged MPs from all parties, lawyers, civil society, and citizens to speak out and stop this move at the beginning itself. They say judges should answer only to their oath and the Constitution, not to political pressure or public threats.