56 Former Judges Rally Behind Justice Swaminathan in Tamil Nadu Temple Lamp Controversy Amid Impeachment Motion

Madras High Court judge Justice GR Swaminathan (File).

New Delhi:

Fifty-six former judges, including those from the Supreme Court, have released a statement supporting Justice GR Swaminathan of the Madras High Court, who ruled on the Thirupparankundram Subramaniaswamy temple case and now faces impeachment calls from opposition parties.

These former judges have expressed "serious exception" to the impeachment motion, describing it as a "brazen attempt to intimidate judges who refuse to align with ideological and political expectations of certain segments of society." They warned that allowing such actions would "undermine the foundations of our democracy and judicial independence."

"Even when considering the reasons provided by the Member(s) of Parliament at face value, they remain completely insufficient to justify such a rare, exceptional, and serious constitutional measure as impeachment."

The judges referenced India's 1975 Emergency period under former Prime Minister Indira Gandhi – a historical event often highlighted by the ruling Bharatiya Janata Party in its criticism of Congress.

"It should be remembered that even during the dark Emergency period, the government employed various mechanisms including supersessions to penalize judges who refused to 'toe the line'," the judges stated, referencing three significant judgments, including the 1973 Kesavananda Bharati case that established the 'basic structure doctrine' limiting Parliament's constitutional amendment powers.

These serve as "sobering reminders of how political overreach can damage judicial independence."

The former judges also highlighted attempts to "defame" senior judiciary members when their decisions don't favor "certain political interests," mentioning several former Chief Justices of India – Deepak Mishra, Ranjan Gogoi, SA Bobde, DY Chandrachud, and the current Chief Justice, Surya Kant.

"The impeachment mechanism exists to uphold judicial integrity, not to serve as a tool for arm-twisting, signaling, or retaliation. Using removal threats to force judges to conform to political expectations transforms a constitutional safeguard into an intimidation instrument. Such approaches are anti-democratic and anti-constitutional..."

Opposition files impeachment motion

Earlier this week, over 100 INDIA bloc lawmakers – including Congress' Priyanka Gandhi Vadra and Samajwadi Party leader Akhilesh Yadav – submitted the motion to Lok Sabha Speaker Om Birla.

Home Minister Amit Shah strongly criticized the attempted impeachment, accusing the opposition of "appeasement politics." "Since independence, no judge has faced impeachment for a judgment. They initiated this to appease their vote bank."

The temple lamp controversy

The Thirupparankundram Subramaniaswamy temple case concerns lighting a festival lamp on one of two ancient pillars, called 'deepathon', located on a hill in Tamil Nadu's Madurai.

The hill hosts both a sixth-century temple and a 14th-century dargah.

Tamil Nadu temple lamp row court timeline

On December 1, following a contentious hearing, Justice Swaminathan overruled objections from the state government and temple officials, ordering the lamp to be lit on the pillar halfway up the hill rather than at the traditional location at the hill's foot, a practice maintained for over a century.

The judge reasoned that the upper pillar also constitutes temple property and must therefore be included in the ritual, emphasizing the necessity of asserting possession.

The DMK argues that such an order could inflame communal tensions, particularly with Assembly elections less than six months away. They also note that Justice Swaminathan's order reverses a 2017 Madras High Court division bench judgment.

The temple initially did not comply with the court's original order; on December 3, during the festival, the lamp was lit at the traditional lower pillar location.

The displeased judge, citing non-compliance, then ordered the lamp lit on the upper pillar as well, resulting in chaotic scenes as hundreds attempted to climb the hill to light the lamp – supported by central security forces – prompting district officials to issue orders prohibiting large gatherings.

On December 4, a two-judge bench of the Madras High Court heard appeals from the Tamil Nadu government but ruled against it. On December 5, the state approached the Supreme Court, which has not yet scheduled a hearing date.

Politically, these developments represent a setback for the ruling Dravida Munnetra Kazhagam before next year's Assembly election, as it already faces accusations of maintaining an 'anti-Hindu' stance to appease Muslim voters – an allegation it denies.

Chief Minister MK Stalin countered by accusing the BJP, which has realigned with the DMK's arch-rivals, the AIADMK, for the 2026 election, of politicizing religious issues. He maintained that the lamp lighting had been conducted according to century-old traditions, stating, "... some parties have a riot mindset..."

NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.