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New Delhi: Fifty-six former judges of the Supreme Court and various High Courts have written an open letter opposing attempts to initiate impeachment proceedings against Justice G.R. Swaminathan. They described the move as a serious threat to judicial independence.
The judges said the impeachment proposal appears to be aimed at intimidating judges who do not subscribe to any particular ideology. According to them, such actions seek to pressure judges whose decisions may not align with political expectations.
In the letter, the former judges appealed to Members of Parliament, lawyers, civil society organisations, and citizens to reject the proposed motion. They stressed that protecting the autonomy and integrity of the judiciary is essential for democracy.
The judges warned that if such attempts are allowed to succeed, they would weaken the foundations of India’s democratic system. They said judicial disagreements must be resolved through legal processes, not political tools like impeachment. According to them, impeachment is an extraordinary constitutional mechanism meant for proven misconduct, not dissenting judgments. Using it casually could create fear among judges. Such fear, they cautioned, would directly impact free and fair decision-making. Ultimately, citizens would suffer if courts are forced to operate under pressure.
The letter recalled the Emergency period, noting how judges who did not align with the government faced consequences. It cited the example of Justice H.R. Khanna, who was sidelined after dissenting in the ADM Jabalpur case. The former judges said that episode remains a dark chapter in India’s constitutional history. They warned that similar patterns should not be repeated in any form. Drawing parallels, they said institutional memory must guide present actions. Democracies, they noted, weaken when history’s warnings are ignored.
According to the former judges, the judiciary has historically stood firm despite pressure, but recent developments show renewed attempts to undermine its independence. They said there is an urgent need to safeguard courts from coercion. Judicial independence, they stressed, is not a privilege of judges but a fundamental right of citizens. Courts must remain spaces where law prevails over politics. Any erosion of this principle could have long-term consequences. The judges urged vigilance to preserve constitutional balance.
The letter has been signed by former Supreme Court judges Adarsh Goel and Hemant Gupta, former High Court Chief Justices Anil Dev Singh and Narasimha Reddy, and former judges including S.N. Dhingra, R.K. Gauba, and Vinod Goel. Their collective presence gives significant weight to the appeal. Many of the signatories have served in sensitive constitutional positions. Their shared concern reflects a broad consensus within the retired judiciary. The judges said their intervention is driven by duty, not politics.