In December 2025, 107 MPs from the INDIA bloc submitted a notice for the removal of Justice G.R. Swaminathan of the Madras High Court.
The motion included 13 charges, alleging the judge acted against secular principles and favored lawyers from a specific community.
The notice was submitted to Lok Sabha Speaker Om Birla on December 9, 2025.
The Constitution outlines the process for removing a judge, using the term "removal" rather than "impeachment".
Detailed Insights:
The removal process for judges of the Supreme Court and High Courts is detailed in Articles 124(4), 124(5), 217(1)(b), and 218 of the Constitution.
The Judges (Inquiry) Act of 1968, along with the Judges Inquiry Rules, governs the investigation of charges against a judge.
A judge can be removed on grounds of "proved misbehaviour" or "incapacity," with misbehaviour encompassing conduct that dishonors the judiciary, such as corruption or abuse of judicial office.
The Speaker/Chairman's power to disallow a motion for removal, even with substantial MP signatures, presents a potential flaw, as it could obstruct the impeachment process based on governmental preferences.
Article 124(5) empowers Parliament to make laws regulating the procedure for presenting an address and investigating a judge's misbehavior or incapacity, but it doesn't explicitly grant the Speaker/Chairman the power to refuse admission of the motion.
Key Concepts Involved:
Impeachment: A formal process by which a public official is accused of unlawful activity, which may include removal from office if convicted.
Misbehaviour: Conduct by a judge that brings dishonor to the judiciary, including corruption, lack of integrity, or abuse of judicial office.
Secularism: The principle of separation of the state from religious institutions.