New Delhi: A collective of former Supreme Court judges and retired Chief Justices and judges of various High Courts has issued a Statement of Solidarity and Call to Protect the Independence of the Judiciary, condemning the move by certain Members of Parliament and senior advocates to initiate impeachment proceedings against Justice G.R. Swaminathan of the Madras High Court. Describing the attempt as a direct assault on judicial independence, the signatories warned that using impeachment to browbeat judges who refuse to align with political or ideological expectations poses a grave threat to the foundations of Indian democracy.
In their statement, the retired judges termed the initiative a “brazen attempt” to intimidate the judiciary, arguing that even if the allegations cited by the proponents of impeachment are taken at face value, they fall far short of justifying a measure as rare and constitutionally grave as the removal of a sitting judge. They cautioned that allowing such actions to proceed uncontested would erode the principle of judicial independence, which is indispensable to a functioning constitutional democracy.
Recalling historical parallels, the judges invoked the period of the Emergency, when political interference manifested through supersessions and the punitive treatment of independent judges. They cited the supersession of three senior-most Supreme Court judges following the Kesavananda Bharati judgment and the sidelining of Justice H.R. Khanna after his lone dissent in ADM Jabalpur. These events, they noted, stand as enduring reminders of the serious consequences of political overreach into the judiciary. Despite such dark episodes, they emphasised, the judiciary has historically demonstrated resilience and adherence to constitutional values.
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According to the statement, the current impeachment proposal is not an isolated act but part of a larger and troubling trend in recent years. The judges noted that attempts to delegitimise or threaten the higher judiciary have become more frequent whenever judicial outcomes have displeased sections of the political class. They referenced the failed 2018 bid to impeach then Chief Justice Dipak Misra, the public campaigns of vilification faced by Chief Justices Ranjan Gogoi, S.A. Bobde, and Dr. D.Y. Chandrachud, as well as the ongoing attacks directed at the present Chief Justice of India, Justice Surya Kant. Such patterns, they argued, reflect not reasoned critique of judicial decisions but a calculated effort to weaponise impeachment and public criticism as tools of pressure.
The statement emphasises that impeachment exists to preserve judicial integrity, not to coerce judges into political conformity. Turning this constitutional safeguard into an instrument of intimidation, the signatories warned, is fundamentally anti-democratic and contrary to the rule of law. They remarked that while today’s target is one High Court judge, such unchecked actions could eventually threaten the entire judicial institution.
Calling upon all democratic stakeholders—including Members of Parliament across political lines, the legal fraternity, civil society, and citizens—the statement urged a united and unequivocal stand against the impeachment effort. Judges, they stressed, must remain answerable only to their oath and to the Constitution, never to partisan interests or ideological coercion. In a republic governed by law, they asserted, judicial decisions must be challenged through appeals and legal scrutiny, not by resorting to the threat of removal whenever a ruling displeases political actors.
The statement has been issued and signed by former judges under the lead signature of Justice Narsimha Reddy.
