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. 

Implementation of Four Labour Codes

Four Labour Codes (a) Code on Wages, (b) Industrial Relations Code, (c) Social Security Code, and (d) Occupational Safety, Health and Working Conditions Code have come into force from today, i.e. 21st November 2025. These four Codes have subsumed 29 labour laws. The main change is the subsuming of the Industrial Disputes Act 1947. Absence of disputes implies a harmonious relationship between labour and management. Therefore, every industrial relations legislation necessarily aims at providing conditions congenial to industrial peace. Almost all interruptions are due to industrial disputes. The object of all labour legislation around the world is to ensure fair wages and prevent disputes.

From now onward, it will be part of the Industrial Relations Code. Apart from the Industrial Disputes Act, the other two acts which have been subsumed within it are: the Trade Union Act and the Industrial Employment (Standing Orders). Not many changes have been made in this code from other labour acts. However, this restructuring ensures uniformity in working hours, overtime pay, and worker protections, aligning India’s labour ecosystem with global standards. Therefore, these changes are bound to impact every category of worker, including corporate employees, factory workers, gig workers, and those in the unorganised sector.
Universal Minimum Wage
The government will now set a statutory floor wage based on minimum living standards. States must ensure their minimum wages remain above the statutory floor wage, creating nationwide uniformity. For the first time, all employees, including unorganised-sector workers, are covered. The new wage definition brings clarity. “Wages” will now include basic pay, dearness allowance, and retaining allowance. At least 50% of total compensation must be basic pay, preventing companies from inflating allowances. This change may lead to lower take-home salaries but higher PF and gratuity benefits, as per labour experts quoted in earlier policy discussions.
Gender Equality
The codes prohibit gender-based wage discrimination, ensuring equal pay for equal work. Timely wage payment rules now apply to all employees earning up to Rs 24,000 per month, widening protection.
Work Hours and Overtime
The weekly cap remains 48 hours. Daily limits may be increased, but overtime must be paid at twice the normal rate. For the first time, work-from-home provisions are officially recognised, especially for services and IT sectors, giving companies and employees more flexibility. Gig and platform workers, drivers, delivery partners, and freelancers will receive social security benefits. Aggregators will contribute 1–2% of their turnover into a dedicated social-security fund.
 Industrial Relations: The threshold for requiring government approval for lay-offs, retrenchment, and closure has increased from 100 to 300 workers.
Employees must now give a 14-day strike notice, preventing sudden flash strikes. The codes introduce an inspector-cum-facilitator system with web-based, algorithm-driven inspections, reducing harassment.
Compliance, from licenses to registers, is now digitised under the “One License, One Registration” rule.
Gratuity for Fixed-Term Employees
Fixed-term workers will now get gratuity on a pro-rata basis, without needing to complete five years.
Factory and Contract Labour
Factories with 20 workers (with power) and 40 workers (without power) will now come under the Factory Act.
The Contract Labour Act applies to establishments with 50 or more contract workers.

 

 

The Need for a Contributory Pension Scheme for Professionals and Workers

A mandatory Contributory Pension Scheme must be introduced for professionals, including Lawyers, Journalists, and Chartered Accountants, as well as for Industrial Workers and Farmers.

Many self-employed professionals, such as lawyers and journalists, currently have no provision for old-age security. This gap often leads to them living in penury and becoming dependent on family. Journalists, in particular, often face a very difficult life after their working years. While professionals like chartered accountants and small businessmen may be more financially savvy, the need for a safety net remains critical for all.

While a few state governments offer small monthly pensions for journalists, these schemes are too few and the amounts provided are too meagre to be effective. A robust, mandatory system is essential.

Proposal for Lawyers

Bar Councils are perfectly positioned to establish beneficial pension schemes. They can generate substantial funds through mandatory contributions from several sources:

1. Mandatory Registration Deposit: Every new entrant must deposit a reasonable sum with the State Bar Council upon registration.
2. Monthly Contribution: Lawyers must make a modest monthly contribution.
3. External Support: The Bar Council should seek support from Bar Associations and governments.

A portion of these accumulated funds should be allocated to a dedicated pension fund, payable after the age of sixty or sixty-five. While high-earning advocates should have the flexibility to forgo the pension initially, the option to receive it later must always be available.

Proposal for Journalists

Media proprietors must be mandated to maintain a dedicated pension fund for their employees, with additional support from state governments.

This fund must be separate from the existing, and often inadequate, PF-linked pension scheme. State governments should either significantly increase their existing pension contributions to journalists or redirect those funds to strengthen the centralised pension fund. Journalists, having worked hard to enrich their media proprietors, deserve a secure and dignified retirement.

Implementing Universal Welfare

Ultimately, similar welfare measures should be implemented for all sectors. All workers who generate profits through hard toil deserve comprehensive pension benefits in their old age. Instead of governments distributing discretionary "largesse," structured contributory schemes should be implemented for all workers and even for farmers, ensuring security across the board.

Nitish Kumar’s Enduring Legacy in Bihar

Bihar Chief Minister Nitish Kumar will be remembered for many contributions, but two stand out as truly transformative for the people of the state. One of his most impactful initiatives was the distribution of free bicycles to school-going girls. I was deeply moved to witness hundreds of girls, during my last visit to Rajgir, confidently pedalling to schools located miles from their homes—something that was once nearly unimaginable. In the past, many girls were forced to abandon their education due to the constant threat posed by anti-social elements. Today, thanks to this initiative, along with the provision of mid-day meals and essential school supplies—books, notebooks, pens, and pencils—girls enjoy the same educational support as boys.

This shift has had a profound effect: the literacy rate among girls in Bihar has seen a significant rise during Nitish Kumar’s tenure. Such a safe and encouraging environment for girls’ education was virtually unthinkable during the earlier Lalu Prasad Yadav era.

The second landmark achievement of Nitish Kumar’s administration has been the enforcement of Prohibition, a bold move undertaken despite resistance from within his own party and bureaucracy. Those familiar with the ground realities know that the liberal availability of alcohol had devastating effects, especially on the poor and women. The state witnessed numerous deaths due to the consumption of cheap, adulterated liquor, compounded by the lack of adequate medical facilities. Prohibition, though controversial, brought relief to countless families who had suffered silently for years.

Looking ahead, Bihar’s path to sustainable development lies in industrialisation. The state must create opportunities that can curb the mass migration of its workforce. Biharis are known for their intelligence and hard work, and they have contributed immensely to the prosperity of other states through sheer determination and effort.

While corruption may never be entirely eradicated, it can certainly be curtailed under the leadership of individuals like Nitish Kumar—leaders known for their integrity and commitment to public welfare.

 Legendary SL Bhyrappa.

The passing of legendary Kannada writer S. L. Bhyrappa in Mysuru at a venerable age is profoundly saddening. Even in his nineties, he remained intellectually vibrant and deeply engaged with literature—a testament to his unwavering passion for the written word.
Among his many celebrated works, I have read only one: Parva, a monumental novel spanning nearly six hundred pages. It is a masterful retelling of the Mahabharata, stripped of divine interventions and reimagined through a sociological and anthropological lens. Widely regarded as one of his most acclaimed and debated creations, Parva stands as a towering achievement in Indian literature.
Bhyrappa situates the narrative in the 12th century BCE, grounding it in meticulous research across disciplines—anthropology, geography, and socio-politics. His commitment to authenticity led him on pilgrimages to sites like Kurukshetra, Dwaraka, and Lothal, breathing life into the epic’s historical and cultural backdrop.
What sets Parva apart is its philosophical depth. Each chapter unfolds through the introspective lens of a central character—Kunti, Bhima, Draupadi, Karna, Bhishma, and others—grappling with the moral, emotional, and existential dilemmas of their time. Notably, Krishna is never a narrator; he exists only through the memories and perceptions of others, adding layers of nuance to his presence.
Through Parva, Bhyrappa explores the philosophical essence of the Mahabharata—dharma, war, love, death, and identity—with profound introspection. It is no exaggeration to call Parva his magnum opus, much like Nehru’s Discovery of India, Tolstoy’s War and Peace, Premchand’s Godan, Hazari Prasad Dwivedi’s Banabhatta ki Atmakatha, or Dinkar’s Rashmirathi.
Parva alone is enough to enshrine Bhyrappa ji among the immortals of literary history. His legacy will continue to inspire generations of readers and thinkers. A heartfelt homage to a towering figure in Indian literature.

  Mocking of a Vishnu Bhakt was in Bad Taste

An obiter dicta remark by the Chief Justice of India, while dismissing the Public Interest Petition of a devotee of Lord Vishnu, was entirely unnecessary, although it was exaggerated beyond proportion. This highlights the importance of carefully considering every statement made by those in power or authority, as damage is often done before clarifications are issued. It is worth noting that the Chief Justice quickly expressed respect for all religions.

Recently, a bench comprising the CJI and Justice K Vinod Chandran dismissed a plea seeking orders to reconstruct and reinstall a seven-foot idol of Lord Vishnu at the Javari Temple, part of the UNESCO World Heritage Khajuraho temple complex in Madhya Pradesh. Describing the plea as a Publicity Interest Litigation, the CJI advised the petitioner to ask the deity directly for assistance. If you claim to be a devout follower of Lord Vishnu, then you should straightaway pray and meditate to Him.

However, a person seeking justice from the court cannot be told to pray or meditate for relief. The CJI added, ‘In the meantime, if you are not averse to Shaivism, you can worship there; there is a very large linga of Shiva, one of the biggest in Khajuraho.’ Justice Gavai. It appears to have overlooked the fact that there is a significant difference between a Shaivite and a Vaishnav, even though both are part of the larger Hindu religion.

In the age of social media, where every word spoken by influential figures spreads rapidly, a person holding the high post of CJI cannot afford to be so casual or careless as to offend the sensitivities of millions.

 

 Judiciary Must Embrace Technology 

A struggle is ongoing among lawyers in Delhi regarding the virtual recording of statements and evidence, especially concerning police personnel, in court. Remarkably, neither the Delhi High Court nor the Bar Council of India has clarified the factual position. The facts are that the three laws replacing the IPC, Cr. P C, and the Indian Evidence Act were passed by the Lok Sabha on 21st December 2023 and the following day by the Rajya Sabha. These laws received Presidential assent on 25th December and came into force as Bhartiya Nyay Sanhita (BNS), Bhartiya Nagarik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Adhiniyam (BSA) from July 1, 2024.

The strike by lawyers in Delhi began in response to a notification issued on August 13, 2025, by Lieutenant Governor V K Saxena, permitting police personnel to testify via video conferencing from police stations. On September 8, 2025, Delhi Police issued a revised circular directing all police personnel to appear physically in court for deposition and evidence. Obviously, the revised circular can be effective temporarily. Section 530 of BNSS allows trial proceedings to be conducted electronically. Likewise, Section permits evidence recording via audio-video means, and Sections 265 & 266 facilitate remote deposition by prosecution and defence witnesses. Similarly, the Bhartiya Sakhya Adhiniyam also prescribes the video recording of evidence.

Therefore, Section 530 of BNSS is the crucial provision enabling electronic deposition and digital proceedings in criminal cases. This section modernises the criminal justice process by allowing the following to be conducted electronically:

- Issuance, service, and execution of summons and warrants

- Examination of complainants and witnesses via audio-video means

- Recording of evidence during inquiries and trials

- Appellate proceedings and other judicial processes

Key features include:

- Virtual trials: Courts can hold hearings remotely through secure digital platforms.

- Digital evidence: Testimonies and evidence can be recorded electronically, ensuring accuracy and reducing transcription errors.

- Remote participation: Witnesses and parties can join proceedings from different locations, enhancing accessibility.

- Efficiency enhancement: Reduces delays caused by logistics and improves coordination between law enforcement and the judiciary.

This technological introduction will be a game-changer for India's legal system. Hence, embracing technology is essential to making justice more efficient and inclusive.

What is surprising is that lawyers, regarded as the intellectual class of society, began their strike or protest more than a year after all three laws were enacted.

Another important aspect is that technology has revolutionised nearly every aspect of life. Digital payments have almost become standard. Even semi-literate or nearly illiterate Rehriwalas, Panwalas, Mochis, and tailors prefer digital payments. Almost everyone uses the internet and mobile phones. The Supreme Court’s e-filing system has become widely popular and eco-friendly. Bulky Paper books have been replaced by Surface tablets, laptops, and desktops. Libraries are being substituted by e-libraries. Post offices, once riddled with corruption, have become largely obsolete thanks to technology.

Miracles have occurred in the media domain. The day is not far off when print media will become extinct. Medical science is on the verge of a revolution driven by technology.

There is now no need for anyone to stand in queues for hours at banks, railway stations, or airline ticket counters; so why should the introduction of technology be opposed by intellectuals like lawyers? Crores of cases under section 138 of the Negotiable Instruments Act are pending in hundreds of courts nationwide, and they could be disposed of within months with modern technology. Efficient case disposal can only be achieved through technological advancement. Until fully implemented, swift case resolution remains elusive. The number of judges—from the Supreme Court down to district courts—may be significantly reduced, providing immense relief to litigants and easing the burden on the public purse. Haven't typewriters become relics of the past in just a few decades?

The Delhi High Court, the Bar Council of Delhi, and the Bar Council of India should have clarified that these laws cannot be altered or repealed by the Lieutenant Governor or any state police, but only by the Parliament of India.

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