Brazen Misuse Of Constitutional Powers: Madurai Bench Advocates Urge Lok Sabha Speaker To Reject Impeachment Motion Against Justice G. R. Swaminathan

In the memorandum, the Advocates expressed serious concern over what they described as a threat to the independence of the judiciary and an attempt by a section of Honourable Members of Parliament to move a Motion of Impeachment against Justice G. R. Swaminathan, Judge of the Madras High Court.

The Advocates stated that they represent the majority of practicing Advocates before the Madurai Bench. They clarified, “We refrain from entering into the merits of the averments and allegations levelled by a section of Honourable Members of Parliament in their motion of impeachment dated 09.12.2025, as doing so would amount to crossing the Lakshman Rekha drawn between two of the major pillars of democracy, namely, the Legislature and the Judiciary.”

According to the memorandum, the Advocates are of the opinion that the allegations levelled against Justice G. R. Swaminathan are baseless, false, frivolous, and atrocious. They said, “The attempt pursued by the Legislature is nothing short of a brazen breach and misuse of the Constitutional Powers undertaken by a Section of Members of this August House of People without personal knowledge of the facts alleged and the values and virtues held close to his chest by Honourable Justice G.R.Swaminathan.

We find the Motion of Impeachment as a direct attempt to destabilize the Judiciary in India through high-handed application of one of the most extraordinary provisions of the Constitution of India.”

The Advocates also highlighted the judicial record of Justice G. R. Swaminathan, stating that between June 28, 2017, and November 30, 2025, he disposed of 1,26,426 cases, including 73,505 main cases, within eight years, with impartiality, honesty, and integrity.

The Advocates expressed deep concern over what they called baseless and false allegations motivated by political, communal, and religious factors. They stated that such actions amount to an attempt to transgress the basic structure of the Constitution of India, particularly the principle of independence of the judiciary.

The memorandum further stated, “The Notice of Motion of Impeachment is nothing short of an attempt by a Section of Political Parties who have no faith in the Noble Principles of Democracy and the sanctity of the Constitution of India. The said Motion amounts to proof of sheer bigotry and vested interests that are opposed to the National Interest and the esteemed principle of separation of powers.”

The Advocates added, “we most respectfully request Your Honour not to accept the motion of Impeachment against the Honourable Mr. Justice G. R. Swaminathan, Judge, Madras High Court, and to reject the same in limine by applying the principles of Articles 124(4) and 217 of the Constitution of India read with the Judges (Inquiry) Act, 1968, thereby upholding the Majesty of Law.”