Motion to impeach Justice Swaminathan an attempt to destabilise judiciary: HC advocates

The notice to move a motion of impeachment against Justice G.R. Swaminathan by a section of MPs was not only “baseless” but also amounted to crossing the “Lakshman Rekha” drawn between two major pillars of democracy — the legislature and the judiciary — said designated senior advocates and advocates practising before the Madurai Bench of the Madras High Court here.

In a memorandum submitted to the Lok Sabha Speaker, they said that the impeachment move was nothing but a direct attempt to destabilise the judiciary in the country. It was a “high-handed application of one of the most extraordinary provisions of the Constitution.”

They shared a copy of the letter with the media on Saturday (December 13, 2025). The memorandum stated that the attempt by the legislature was “a brazen breach and misuse of the Constitutional powers” by a section of MPs.

“We refrain from delving into the merits of the dispute that forms the subject matter of the proposed motion as the same is subjudice and presently the subject matter of appeal proceedings before the higher judiciary,” it said.

Having disposed of a whopping 1,26,426 cases, including 73,505 main cases, over a span of eight years (between June 2017 and November 2025), Justice Swaminathan’s work reflected a high degree of impartiality, honesty, and integrity. The memorandum said the MPs had no faith in the noble principles of democracy and the sanctity of the Constitution. It added that the move amounted to proof of sheer bigotry and vested interests opposed to the national interest and the esteemed principle of separation of powers.

The memorandum stressed that the Lok Sabha Speaker should not accept the MPs’ letter to move the motion of impeachment, as Justice Swaminathan was one of the most straightforward, honest, and intelligent judges of the Madras High Court. It urged the Speaker to reject the motion in limine by applying the principles laid down in Articles 124(4) and 217 of the Constitution of India, read with the Judges (Inquiry) Act, 1968, and to uphold the majesty of law.