Context:
- Lawyers practising at the Madurai Bench of the Madras High Court opposed the notice for impeachment of Justice R. Swaminathan, terming it an attempt to destabilise the judiciary.
- The impeachment notice was reportedly moved by six Members of Parliament, triggering sharp reactions from the legal fraternity.
Key Highlights:
Case Facts:
- A notice for impeachment against Justice R. Swaminathan was submitted by a group of MPs.
- Lawyers’ associations described the move as unwarranted and motivated, lacking substantive grounds.
- They argued that judicial decisions should not become grounds for political retaliation.
Lawyers’ Stand:
- The legal fraternity asserted that impeachment is an extraordinary constitutional process, meant only for proved misbehaviour or incapacity.
- They warned that frequent or politically motivated impeachment attempts could undermine judicial independence.
- Lawyers expressed solidarity with the judge and reiterated faith in constitutional safeguards.
Judicial Independence Angle:
- The controversy revives debate on the separation of powers between Legislature and Judiciary.
- It highlights tensions arising when judicial scrutiny affects political interests.
Stakeholders Involved:
- Justice R. Swaminathan
- Members of Parliament who moved the notice
- Madras High Court lawyers’ associations
- Parliament and the judiciary as constitutional institutions
Relevant Prelims Points:
- Impeachment of Judges:
- Governed by Articles 124(4) and 217 of the Constitution.
- Requires proved misbehaviour or incapacity.
- Process:
- Motion supported by 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Inquiry by a Judicial Committee, followed by a special majority in Parliament.
- Issue & Causes:
- Alleged misuse of impeachment as a pressure tactic.
- Impact:
- Potential chilling effect on judicial independence.
Relevant Mains Points:
- Constitutional Provisions:
- Judicial independence as a basic feature of the Constitution.
- Security of tenure ensures judges can function without fear or favour.
- Governance & Democratic Concerns:
- Impeachment should not become a tool for legislative overreach.
- Balancing judicial accountability with institutional autonomy is essential.
- Ethical & Institutional Dimensions:
- Respect for constitutional offices strengthens rule of law.
- Lawyers play a key role as guardians of constitutional values.
- Way Forward:
- Use impeachment only as a last resort.
- Strengthen internal judicial accountability mechanisms.
- Promote constructive dialogue between institutions to avoid erosion of trust.
UPSC Relevance (GS-wise):
- GS Paper II: Polity – Judiciary, Parliament, Separation of Powers
- GS Paper IV: Ethics – Institutional Integrity, Rule of Law