New Delhi: Madras High Court judge Justice G.R. Swaminathan has found himself embroiled in controversy more than once.
The first-generation lawyer has often been in the eye of a storm in recent months, both for his orders in court and statements outside the courtroom—from praising the Vedas to saying the Constitution hinges on the country’s “demographic profile”.
Now, over 100 INDIA bloc MPs, led by the Dravida Munnetra Kazhagam’s (DMK) Kanimozhi Karunanidhi, have moved a motion before Lok Sabha Speaker Om Birla, seeking Swaminathan’s impeachment, saying his conduct “raises serious questions regarding impartiality, transparency, and the secular functioning of the judiciary”.
It also alleged “undue favoritism” being shown to senior advocate M. Sricharan Ranganathan in deciding cases, along with “favouring advocates from a particular community”.
“Deciding cases on the basis of particular political ideology and against the secular principles of Indian Constitution,” added the motion, seen by ThePrint.
Justice Swaminathan has even faced criticism from within the judiciary.
In October this year, former Madras High Court judge Justice K. Chandru alleged that Justice Swaminathan had betrayed his oath to the Constitution by making statements against secularism and the rule of law.
Justice Chandru’s comments followed Justice Swaminathan’s comments at an RSS event in Haryana, where the latter said that the Constitution was “copied” from the Government of India Act, 1935.
Speaking at an event, Justice Chandru described the judge as a “strange person” for his comments, asserting that the sitting high court judge’s comments strike at the heart of the constitutional order envisaged by Dr B.R. Ambedkar.
Speaking to ThePrint about the motion, Justice Chandru said that the only way to remove a judge from his post for his “misbehaviour” is an impeachment motion in Parliament. He said that while the first stage has begun, the motion still had a long way to go.
“More than the judicial orders passed by him, his conduct as a judge is unbecoming, leave alone his orders. He behaves as if he is the propaganda secretary of the RSS and its other outfits. He freely attends their meetings and gives lectures denigrating the Constitution under which he had taken his oath of office,” Justice Chandru said.
“His speeches in various forums regarding having belief in the Vedas are to the least expected of a sitting judge. If anyone dispassionately assesses his judicial conduct one will easily come to the conclusion that the judiciary is not the place where he is expected to serve,” the former judge added.
However, in an X post, Bharatiya Janata Party National Secretary Dr Arvind Menon called the impeachment motion “anti-Hindu bigotry in disguise”.
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‘Vedas will protect you’
Justice Swaminathan found himself in the eye of the storm earlier this year, when a lawyer, S. Vanchinathan, reportedly made “scandalous allegations” that the former was exhibiting “communal and caste bias in the discharge of his judicial duties”.
A two-judge bench, of which Justice Swaminathan was also a part, asserted that the lawyer’s allegations prima facie constituted criminal contempt of court.
However, the order led to protests by lawyers, as well as a letter from eight retired judges, including Justice Chandru, in support of the lawyer.
The two judges then referred the matter to the chief justice of the high court, but not before Justice Swaminathan alleged a “smear campaign” against him.
“You are a comedy piece. I don’t know who called you all revolutionaries. You are all comedy pieces,” the judge was quoted as saying during a hearing in July, addressing the lawyer.
In July, the judge recalled a story from his days as a practicing lawyer, when he had helped secure the acquittal of a ‘Sastrigal’ friend convicted in a road accident case that led to the death of a man. ‘Sastrigal’ refers to a scholar, a priest or an expert in Hindu scriptures, especially the Shastras.
His friend, who had studied the Vedas for several years, had confessed to careless driving, even though his sister was driving the vehicle. The incident had led to a man dying on the spot.
Pointing out that the case had no eyewitnesses who identified him as the one driving the vehicle, the judge could secure an acquittal for his friend in an appeal.
“That day, I understood the saying: ‘If you protect the Vedas, the Vedas will protect you.’ Until then, I didn’t take such matters very seriously,” he was quoted as saying at the 17th Annual Talent Parade of Vedic Scholars.
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Performance report
Justice Swaminathan had faced criticism in 2023 when he had said that the country’s Constitution hinged on the nation’s “demographic profile”.
“If this Constitution is to continue as it is for all the time to come, I am emphasising this, when the Constitution was made, we had a demographic profile. Only till such time this demographic profile continues, this Constitution will survive; if this demographic profile is altered, this Constitution will cease to exist,” the judge was quoted as saying at an event.
He added that for the Constitution to survive, people belonging to “Bharatiya Dharma and Samprataya” needed to continue being within its fold.
His comments had drawn flak at the time, with senior Congress leader Kapil Sibal writing on X, “The constitution may not survive if judges have such a mindset.”
Justice Swaminathan had also drawn attention last year when he had released his own “performance report” to lawyers on completing seven years as a judge.
Crediting himself for clearing over 64,700 cases, he had written, “In my view, all holders of public office, including Judges, ought to be held accountable and Judges also have to be judged on the basis of their performance.”
He had released a similar report back in 2019 well on completing two years as a high court judge.
What the motion says
The impeachment plea comes on the heels of an order passed by Justice Swaminathan allowing the lighting of the traditional Karthigai Deepam lamp at the “Deepathoon” pillar of the Subramaniya Swamy Temple at Thirupparankundram hill. The pillar is located on a peak near a dargah on the hill.
Madurai authorities refused to implement the order, citing law-and-order concerns, leading to protests by pro-Hindu groups in the area.
The Thirupparankundram hill houses both the Subramaniya Swamy temple and a dargah. While the dispute has been simmering for months now, the latest controversy erupted when the devotees approached the high court demanding a direction to allow them to light the Deepam at the Deepathoon, which is closer to the dargah on the hill, rather than at the traditional spot at the temple.
(Edited by Sugita Katyal)