High Court judge impeachment move

 Why in News?

• 107 MPs of the INDIA bloc submitted a notice to Om Birla seeking impeachment of Justice G.R. Swaminathan, judge of the Madras High Court (Madurai Bench).
• Allegations:
  • Deciding cases on political-ideological lines
  • Bias towards a particular community
  • Undue favour to a senior advocate
  • Violation of secular character of the Constitution
• Triggering case:
  • Direction to light Karthigai Deepam on a deepasthambam near a dargah atop the Thirupparankundram hill.

Relevance

GS 2 – Polity & Constitution

• Removal of constitutional authorities
• Judicial independence vs accountability
• Secularism and Basic Structure

GS 4 – Ethics & Integrity

• Judicial ethics
• Conflict of interest
• Public perception of impartiality

Constitutional Basics: How Are High Court Judges Removed?

Relevant Articles

• Article 217 → Appointment & removal of High Court judges
• Article 124(4) → Removal procedure (borrowed from Supreme Court judges)
• Judges (Inquiry) Act, 1968 → Detailed investigation mechanism

Grounds of Removal (Only Two)

• Proved misbehaviour
• Proved incapacity

“Judicial error” or “unpopular judgment” is NOT a ground for removal.

Step-by-Step Removal Process (Impeachment)

1. Motion signed by:
   1. 100 Lok Sabha MPs OR
   2. 50 Rajya Sabha MPs
2. Speaker/Chairman admits the motion
3. 3-member Judicial Inquiry Committee formed:
   1. One SC judge
   2. One HC Chief Justice
   3. One distinguished jurist
4. If charges are proved:
   1. Motion voted in both Houses separately
   2. Special majority required:
      1. Majority of total membership
      2. 2/3rd of members present & voting
5. President issues removal order

What Is Being Alleged in This Case?

• Ideological adjudication violating judicial neutrality
• Communal bias in religious dispute (deepasthambam–dargah issue)
• Selective judicial favouritism
• Violation of:
  • Article 14 (Equality before law)
  • Article 25–28 (Secularism)
  • Basic Structure doctrine

Why This Is Constitutionally Sensitive ?

• Judges are protected by:
  • Security of tenure
  • Difficult removal procedure
• Purpose:
  • Prevent political intimidation
  • Maintain judicial independence

Overuse of impeachment threats can convert judicial accountability into political control.

Key Judicial Precedents on Judge Removal

• Justice V. Ramaswami (1993) – First impeachment attempt, failed due to political abstentions
• Justice Soumitra Sen (2011) – Rajya Sabha passed removal; judge resigned before Lok Sabha vote
• Justice J.B. Pardiwala (2018) – Attempt dropped at notice stage

No judge has ever been fully removed in India through impeachment so far.

But Also: Why Accountability Cannot Be Ignored

• Judiciary is not above constitutional scrutiny
• If credible evidence of bias exists, impeachment is:
  • A democratic constitutional remedy
  • Not contempt of court

Conclusion

• The impeachment notice against Justice G.R. Swaminathan reflects a deepening friction between judicial independence and political accountability in communally sensitive cases.
• While the Constitution permits removal for proved misbehaviour, deploying impeachment in politically charged religious disputes risks:
  • Undermining judicial autonomy
  • Converting constitutional remedies into political weapons
• The only legitimate path forward lies through:
  • Objective judicial inquiry
  • Due process under the Judges (Inquiry) Act
  • And strict adherence to constitutional morality

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