DMK's Thoothukudi MP Kanimozhi handed over the notice to the Speaker in his chamber. She was accompanied by Congress general secretary Priyanka Gandhi Vadra, SP chief Akhilesh Yadav, CPI(M) Madurai MP Su Venkatesan, Puducherry MP V Vaithilingam, and several other Opposition lawmakers. Photo: X screenshot
Deepam row: INDIA bloc MPs move impeachment motion against Madras HC judge Swaminathan
Over 120 Opposition MPs accuse judge of judicial overreach and ideological bias over a Dec 1 order on the Karthigai Deepam ritual on Thiruparankundram Hill
Over 120 MPs from the INDIA alliance on Tuesday (December 9) submitted an impeachment notice against Madras High Court Justice GR Swaminathan to Lok Sabha Speaker Om Birla.
Judge accused of judicial overreach
The motion, spearheaded by the DMK and backed by the Congress, Samajwadi Party, CPI(M), and other constituents of the bloc, accuses Justice Swaminathan of “judicial overreach” and “acts amounting to misbehaviour” in his December 1 order permitting Hindu devotees to light the traditional Karthigai Deepam lamp atop Thiruparankundram Hill in Madurai, a site that also houses a centuries-old dargah.
Justice GR Swaminathan of the Madras High Court, against whom over 120 INDIA bloc MPs submitted an impeachment notice to Lok Sabha Speaker Om Birla. File photo
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DMK Parliamentary Party leader and Thoothukudi MP Kanimozhi handed over the notice to the Speaker in his chamber. She was accompanied by Congress general secretary Priyanka Gandhi Vadra, SP chief Akhilesh Yadav, CPI(M) Madurai MP Su Venkatesan, Puducherry MP V Vaithilingam, and several other Opposition lawmakers.
Key allegations in impeachment motion
The motion, signed by 107 Lok Sabha MPs and dated December 9, resolves to impeach Justice Swaminathan, (who was appointed to the Madras High Court in 2017) highlighting concerns that strike at the core of judicial integrity.
The key allegations outlined in the document are as follows:
The conduct of Justice Swaminathan is said to raise serious doubts regarding his impartiality, transparency, and adherence to the secular functioning of the judiciary.
Undue favouritism: The judge is accused of showing favouritism to senior advocate M Sricharan Ranganathan in case decisions, as well as preferentially treating advocates from a particular community.
Also Read: Thiruparankundram Karthigai Deepam row: Devotees, TN BJP chief held
Ideological bias: "Decisions in cases are alleged to be influenced by a specific political ideology, contravening the secular principles enshrined in the Indian Constitution”.
The notice further states that copies of letters written by Lok Sabha and Rajya Sabha members to the President of India and the Chief Justice of India, along with their annexures, have been attached as supporting evidence.
Among the prominent signatories are MPs such as Akhilesh Yadav, Kanimozhi, TR Baalu, Thirumavalavan, and others representing diverse constituencies across India. The list spans various political affiliations, underscoring the cross-party support for the motion.
Judge’s order deeply troubling: Stalin
Tamil Nadu Chief Minister MK Stalin welcomed the move, terming the judge’s order “deeply troubling” and one that “could disturb communal harmony at a revered multi-faith site”.
On December 1, Justice Swaminathan allowed Hindu organisations to perform the age-old ritual of lighting the Karthigai Deepam on the hill, describing it as “an integral part of Tamil Hindu culture and tradition for centuries”.
Also Read: The sacred hill of Madurai: Two faiths and one dispute
Overruling objections from certain Muslim groups and the state government, the judge directed authorities to make necessary arrangements while ensuring no damage to the dargah. The Opposition has alleged that the single-judge order amounted to “promoting one religion over another” and violated the secular fabric of the Constitution.
BJP attacks impeachment motion
The BJP launched a sharp counter-attack, calling the impeachment motion a “brazen assault on judicial independence” and an attempt to “intimidate upright judges”.
The ex-president of BJP’s Tamil Nadu unit K Annamalai said, “An honest judge who upheld centuries-old Hindu tradition is being targetted solely because the verdict went against the DMK government. This is nothing but vendetta and caste-based hatred. Would they dare touch a judge from a minority community or a dominant caste?”
Also Read: Thiruparankundram Deepam row: Experts debunk claims of ancient pillar
Senior BJP leaders pointed out that no High Court or Supreme Court judge has ever been successfully impeached in independent India despite several attempts, and the present motion, moved in a House where the NDA enjoys a clear majority, has virtually no chance of passing the mandatory two-thirds threshold in both Lok Sabha and Rajya Sabha.
Long road to impeachment
The long road to impeachment, Under Article 124(4) of the Constitution and the Judges (Inquiry) Act, 1968:
- At least 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign the notice
- If admitted, a three-member inquiry committee is formed
- Removal requires a special majority (two-thirds of members present and voting) in both Houses
- Final order is issued by the President
Impeachment proceedings against a High Court judge require a two-thirds majority in both Houses of Parliament, a threshold rarely met in India's history.
Also Read: Thiruparankundram Deepam row: Madras HC flags contempt, asks state govt to explain
Legal experts say the motion is unlikely to progress beyond the Speaker’s desk given the numbers, but it has already triggered a fierce political and communal debate across Tamil Nadu.