The Impeachment Motion is an attempt to browbeat Justice GR Swaminathan

Opposition parties, which swear by the constitution, are brutally violating it. A judge, in fact, speaks through his/ her judgments. Once the judgment has been pronounced, he/ she becomes functus officio. And in the same vein, it must also be said that after the pronouncement of the judgment, it becomes public property, and it can be subjected to praise or criticism. A judgment can be right or wrong. If that is wrong, the same can be appealed, but no judgment can be extracted from the judge by unjustified pressure.

However, what the opposition parties and their leaders have done by giving notice of impeachment against Judge G.R. Swaminathan of the Madras High Court, with the signatures of 107 Members of Parliament, to the Lok Sabha Speaker Om Birla, shows their colossal ignorance of the Constitutional provisions. The notice was handed over jointly with the INDIA bloc leaders, including Priyanka Gandhi and Akhilesh Yadav, marking a coordinated move by the opposition alliance. The development is related to an order that allowed a section of devotees of the Uchchipillaiyar Temple to light the traditional Karthigai Deepam, a stone lamp pillar located near a Dargah at Thirupparankundram in Madurai.

The MPs moved the notice under Article 217, read with Article 124 of the Constitution of India. Needless to say, Judges can only be impeached on two grounds: proved misbehaviour or incapacity. These are the constitutional standards applied to judges of the Supreme Court and High Courts in India.

Proven misbehaviour covers actions that violate judicial ethics, integrity, or dignity. Examples include corruption, abuse of judicial office, bias, or conduct unbecoming of a judge. Misbehaviour must be proved through an inquiry by a judicial committee before Parliament can act.

Incapacity refers to a judge’s inability to discharge duties due to physical or mental disability. Here, there is nothing which could be proved against Justice Swaminathan. Clearly, this impeachment motion is an attempt to browbeat a judge; therefore, it must be dismissed by the Speaker with the contempt it deserves.