Boosted by their students, opposition parties in the INDIA alliance are set to move an impeachment motion in Parliament against the Madras High Court judge Justice G.R. Swaminathan, accusing him of both judicial misconduct and undermining of constitutional values. Senior leaders affirmed that the draft motion is in its final form and will eventually be formally presented in the next Parliament session.
Had this been relocated, it would have been one of the very few instances of an impeachment effort against an incumbent High Court judge in recent years.
Opposition preparing signatures
Senior MPs, Congress, DMK, left parties, RJD, SP, and Trinamool Congress floor leaders also conducted internal consultations this week and concluded that there are sufficient grounds to pursue removal proceedings.
The block is currently gathering the required number of signatures of members of the Rajya Sabha – a constitutional requirement before such a motion being approved by the Chair.
The authors of the motion stated that it contained several accusations against Justice Swaminathan, but refused to reveal this information publicly until the necessary document was submitted.
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Trigger for the move
Although no side has yet filed a detailed public charge sheet, opposition leaders said that recent comments and other court observations that the judge might have made were allegedly politically charged and were in violation of judicial neutrality.
According to sources, some of the Opposition parties had raised the issue earlier this year and sought to hold the culprits accountable through institutional means and not through political commentary.
The Congress claimed that the move was aimed at protecting constitutional values and judicial diversity.
Government yet to react
Union government has not yet spoken out on the matter, claiming that the matter is a question of procedure within the parliament. Senior ministers said they would only respond once the motion was drafted and confirmed to meet the requirements of the constitution.
Officials also pointed out that even the removal of a judge is a long and demanding process that encompasses several steps and will have to be passed by both Houses and a complete investigation, which is politically and procedurally difficult.
Judiciary maintains silence
The administration of the Madras High Court does not give any statement about the proposed move. Legal scholars noted that judges, as a rule, are not to answer calls to inquiry into their impeachment, and the issue of judicial behavior is addressed in a very strict constitutional process.
Ex-judges observed that impeachment is very uncommon and must contain some clear evidence of demonstrated misbehaviour or inability.
What the Constitution requires
Under Articles 124(4) and 217 of the Constitution, a motion to remove a High Court judge must
be signed by at least:
- 50 MPs in the Rajya Sabha, or
- 100 MPs in the Lok Sabha,
and then said by the Chairman or Speaker. The inquiry process only starts after admission.
If the inquiry committee upholds the charges, the motion has to be voted upon by the two houses with a special majority. It is only under these circumstances that the President can order removal.
The legal scholars indicate that the thresholds are designed to be high in order to ensure judicial independence.
Likely to dominate upcoming session
As both Houses are now anticipated to embrace important business in law-making, the parliamentary observers opine that the impeachment initiative may obscure other debates and increase political conflict between Treasury and Opposition benches.
In the meantime, the INDIA bloc remains adamant that it will go ahead with the motion, outlining it as a constitutional duty and not a political gimmick.
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