CHENNAI: Members of Parliament from INDIA bloc parties in Tamil Nadu are mobilising signatures to submit a notice to Lok Sabha Speaker Om Birla to adopt a motion for removing Justice GR Swaminathan of the Madras High Court.
Justice Swaminathan, who is no stranger to controversy, has come under severe criticism from the ruling DMK and its allies in TN over the past week for his order allowing for a lamp to be lighted on a post close to a dargah on Thiruparankundram hill during the Karthigai Deepam festival.
While MPs of the ruling DMK were tight-lipped on the effort, at least three Lok Sabha MPs from allied parties confirmed the development. One of the MPs said the notice is likely to be submitted to the Speaker on Tuesday. The MPs, however, did not elaborate on the exact grounds on which they are pressing for the judge’s removal.
Once submitted, the Speaker can examine the relevant material and decide whether to admit the motion or not. “We are collecting signatures from MPs from all states since a minimum of 100 signatures are required for the notice to be submitted to the Lok Sabha Speaker,” one of the MPs told TNIE.
The notice for removal of a judge can be initiated in either House of Parliament. If the notice is initiated in the Rajya Sabha, the signatures of at least 50 MPs from the Upper House are needed to submit the notice to its Speaker.
The Hindu Religious and Charitable Endowments department, which manages the famous hill temple, had cited the decades-long tradition of lighting the lamp at the Utchipillaiyar temple on the hill as well as earlier HC orders while pleading before Justice Swaminathan against the granting of approval. Eventually, the state government did not adhere to single judge's orders.
One of DMK’s key allies, the VCK, had demanded for the impeachment of Justice Swaminathan with party president and MP Thol Thirumavalavan stating that his order had violated constitutional principles and risked disturbing communal harmony. The CPM in TN also staged a demonstration, demanding his removal.
A judge can be removed by the Parliament for “proven misbehaviour or incapacity” as per the Constitution. If the Speaker decides to accept the motion, a three-member inquiry committee will be formed to investigate the charges. If the committee finds misbehaviour or incapacity, the motion will be taken up first in the House in which it was introduced. If passed with a simple majority of the House’s strength and two-third majority of those present and voting, the motion will be sent to the other House, where it has to be adopted in a similar manner.
Although opposition parties have made at least four attempts in the past 10 years to remove judges, none of the notices reached the stage of the constitution of an inquiry committee.