In an unprecedented move, more than 100 opposition Members of Parliament have initiated a motion seeking the removal of Justice GR Swaminathan of the Madras High Court, alleging misconduct, bias, and deviation from constitutional principles.
On 9 December, senior leaders including DMK’s Kanimozhi, TR Baalu, Samajwadi Party chief Akhilesh Yadav, and Congress leader Priyanka Gandhi Vadra submitted a signed notice to Lok Sabha Speaker Om Birla, urging initiation of impeachment proceedings under Article 124(4) of the Constitution.
What the Motion Alleges
The notice accuses Justice Swaminathan of:
- Misconduct and conduct unbecoming of a constitutional judge
- Lack of impartiality and transparency
- Favouritism toward a senior advocate and lawyers belonging to a particular community
- Deciding matters based on a “particular political ideology”, contrary to the secular framework of the Constitution
The MPs argue that these concerns strike at the root of judicial neutrality and undermine public confidence in the justice system.
What Triggered the Dispute
The immediate flashpoint was Justice Swaminathan’s 1 December order involving a long-disputed site between the Arulmighu Subramania Swamy Temple and an adjoining dargah in Tamil Nadu’s Thiruparankundram.
In the order, the judge directed temple authorities to ensure the lighting of a traditional lamp (deepam) at the deepathoon, holding that the ritual would not violate the rights of the neighbouring dargah.
When the direction remained unimplemented, he passed another order on 3 December:
- Permitting devotees themselves to light the lamp
- Directing the CISF to provide security
This prompted strong objections from the DMK-led Tamil Nadu government, which subsequently approached the Supreme Court.
Who Is Justice GR Swaminathan?
Born in 1968, Justice GR Swaminathan is a first-generation lawyer who practised for over thirteen years in Chennai before moving his practice to the Madurai Bench. Over the course of his career, he served as standing counsel for several public sector undertakings and was appointed Assistant Solicitor General for the Madurai Bench in 2014.
He was elevated as an Additional Judge of the Madras High Court in June 2017 and was later made a permanent judge. Justice Swaminathan is widely recognised for his judgments on free speech, prisoners’ rights, animal welfare, and protections for the differently-abled. According to the Madras High Court’s official records, he has authored more than 52,000 judgments and orders, an exceptionally high judicial output that stands out in the Indian judiciary.
What Happens Next?
If the Speaker admits the motion, it could lead to an inquiry under the Judges (Inquiry) Act, potentially setting the stage for a rare impeachment process.
The matter has already stirred intense political and legal debate, given its implications for judicial accountability and independence.
