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New Delhi: The opposition MPs from the INDIA alliance on Tuesday formally submitted a notice to Lok Sabha Speaker Om Birla, seeking the removal of Madras High Court Justice G.R. Swaminathan. The move, spearheaded by DMK MP Kanimozhi Karunanidhi and backed by signatures from leaders including Congress's Priyanka Gandhi Vadra and SP's Akhilesh Yadav, follows the judge's controversial order in the Thiruparankundram temple lamp dispute.
The impeachment push stems from Justice Swaminathan's December 1 ruling, which directed that the Karthigai Deepam be lit on a specific lamp pillar (deepathoon) atop the Thiruparankundram hill, near a dargah. The DMK-led Tamil Nadu government, which had cited fire risks and communal sensitivities, appealed the decision. However, a division bench upheld the order on December 4. The state government has since moved the Supreme Court, accusing the judge of judicial overreach, while BJP leaders have framed the controversy as an attack on Hindu traditions.
Impeachment push against Judge GR Swaminathan
The Arduous Impeachment ProcessThe notice triggers a complex constitutional process under Article 124(4). For the motion to proceed, it must first garner the support of at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs. The INDIA alliance currently has 235 MPs in the Lok Sabha, sufficient to initiate the motion but far short of the ultimate requirement.
Even if the initial threshold is met, removal is not immediate. A three-member committee—comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist—would be formed to investigate the charges. Following its report, Parliament would debate and vote. Removal requires a two-thirds majority of members present and voting, translating to approximately 362 votes in the current Lok Sabha, a number the opposition bloc does not possess.
DMK's strategic calculus
Acknowledging the numerical improbability of success, DMK leaders have indicated a broader political strategy. They aim to use the parliamentary debate to launch severe criticisms against Justice Swaminathan, creating an official record of their objections in the parliamentary minutes. The party believes the ensuing investigation and public debate will serve to question the judge's rulings and highlight the INDIA alliance's stance on judicial accountability.
"This report will help to reveal the fairness of the India alliance," a DMK leader stated, suggesting the process itself is a tool for political messaging and public mobilization. The move is historically significant, as no judge in India has ever been successfully removed from office through this impeachment process.
