Fifty-six retired judges from the Supreme Court and various High Courts have jointly criticised the impeachment notice issued against Justice G.R. Swaminathan of the Madras High Court. Their statement expresses strong concern about the direction in which this action may lead the country’s judicial framework, arguing that the move undermines the independence of the courts.

In their collective message, the former judges described the impeachment attempt as “deeply troubling”, saying it reflects political pressure rather than genuine constitutional concern. They warned that such pressure risks weakening a key democratic safeguard by influencing the functioning of the judiciary.

The statement clearly highlights their apprehension, noting: “This is a brazen attempt to browbeat judges who do not fall in line with the ideological and political expectations of a particular section of society. If such an attempt is permitted to proceed, it would cut at the very roots of our democracy and the Independence of the judiciary. Even if the reasons mentioned by the signatory members of Parliament are taken at face value, their whole inadequate to justify resorting to such a rare, exceptional and serious constitutional measure as impeachment,” showing their belief that the grounds presented do not justify a step as serious as impeachment.

They also referred to earlier events in India’s history when judges faced similar pressures, reminding the public of the risks such actions pose. The statement continues: “It may be recalled that even during the dark period of the emergency, the government adopted various mechanisms, including suppressions, to penalise judges who refused to toe the line. The suppression of three senior-most judges of the Supreme Court after the decision in the Kesavananda Bharti case, the sidelining of Justice HR Khanna, after his famous dissent in the ADM Jabalpur case, are sobering reminders of how political overreach can damage judicial independence. Despite these onslaughts, our judiciary has stood the test of time and withstood all external pressures.”

They stressed that the purpose of impeachment is to protect the credibility of the courts, not to influence judges through fear or retaliation. As they wrote, “The very purpose of the impeachment mechanism is to afford the integrity of the judiciary, not to convert it into a tool of armtwisting, signalling, and retaliation,” pointing out that using impeachment as a response to disagreement over judicial orders distorts its constitutional intent.

The concluding line of their statement reinforces a fundamental democratic principle: “In a republic governed by the rule of law, judgements should be tested by appeals and legal critique, and not by threats of impeachment for political nonconformity.” They argue that disagreements with judicial decisions should be addressed through lawful procedures, not political actions that may set troubling precedents.

The impeachment notice against Justice Swaminathan was submitted on December 9, 2025, by more than 120 MPs belonging to the INDIA bloc, led by the DMK. The issue stems from controversy surrounding his Karthigai Deepam order, which became a point of political debate.

This strong reaction from former judges highlights a broader national discussion about the boundaries between politics and judicial functioning, and the need to preserve the independence of the judiciary as a core element of democratic governance.