36 Former Judges Rally Behind Justice Swaminathan as Impeachment Motion Sparks Judicial Independence Debate
Ex-judges call DMK-led impeachment move against Madras HC judge an “attack on judiciary”; Opposition files motion against OM Birla citing bias
New Delhi/Chennai, December 20, 2025
A brewing constitutional crisis has put India’s judiciary under the spotlight after 36 former judges came out in strong support of Madras High Court Justice G. Swaminathan, who faces an impeachment motion moved by opposition parties including the DMK.
The former judges, in a rare show of collective solidarity, have termed the impeachment proceedings as nothing short of an “attack on the judiciary” and a threat to judicial independence.
What Triggered the Impeachment?
Justice Swaminathan, known for his outspoken judgments and commentary on social issues, has reportedly drawn the ire of political parties over certain observations made from the bench. While specific details of the charges in the impeachment notice remain under wraps, sources suggest they relate to remarks deemed “politically sensitive” by the opposition.
The DMK, along with other opposition parties, has moved the impeachment motion in what they claim is defense of constitutional propriety. However, critics allege the move is politically motivated—a charge the party has denied.
Former Judges Speak Out
The 36 retired judges who’ve backed Justice Swaminathan include several former High Court Chief Justices and Supreme Court judges. In a joint statement, they expressed “deep concern” over what they see as an attempt to intimidate sitting judges for exercising their constitutional duty.
“Impeachment is not a tool to punish judges for judgments or observations that may be politically inconvenient,” read the statement. “This sets a dangerous precedent where every judgment could be followed by political retribution.”
One former judge, speaking on condition of anonymity, was more blunt: “If judges start second-guessing every word they write fearing impeachment, we might as well shut down the courts and let politicians decide cases directly.”
Legal experts are split on whether the impeachment motion against Justice Swaminathan has merit. Some argue that judges must be held accountable if they overstep constitutional bounds. Others warn that impeachment—meant for cases of proven misbehavior or incapacity—is being weaponized for political ends.
“The bar for judicial impeachment is deliberately set very high,” explained constitutional lawyer Madhav Khosla. “It’s not meant for disagreements over judgments or judicial philosophy. That’s what the appellate system is for.”
