Impeachment, tool of arm-twisting and retaliation?

 

Impeachment, tool of arm-twisting and retaliation?

 

Today, India is witnessing  degradation in politics ,collapse  of constitutional morality in political parties and  downfall of representatives of ,(We) the people of India. Motion of impeachment against  Justice G.R. Swaminathan of the Madras High Court by 100 members of parliament  without waiting for the adjudication by the supreme court signifies vote of no confidence in the constitution of India, trust deficit in  judiciary as much as  another tool  of arm-twisting and retaliation the institution of judiciary which is the  third pillar of democracy.  

 

The controversy  is between the  management of Arulmighu Subramaniya Swamy temple and Dargah Managaement Committee. Primarily the issue is purely of civil right over the property situated at Thirupparankundram Hill having got the declaration and injunction suit adjudicated  way back in 1923 by privy council .Similary order of Madras High Court of year 1996 permits lighting the deepam having regard to at least 15 meters away from the demarcated land of the Muslim community. The same was again honored in the resolution of  the peace committee in year 2005. Since the issue is between the  management of Arulmighu Subramaniya Swamy temple and Dargah managaement Committee, hence the issue of what is pure and sacrosanct for one party need not be the same for opposite party. Like attempt of animal sacrifice at Dargah was prohibited by the interference of the high court in October 2025.

 But the chronology of the events as discussed in the petition, make some issues crystal clear for the inhabitants of the ancient land  known as India. That coexistence of the two communities must be promoted but not at the cost of sacrifice of civil rights. Customs and  tradition should not be compromised in the name of communal harmony  within the framework of constitutional morality. One more important aspect involved is the role and duty of devotees where the trustees of the religious institution fail to perform and preserves the legitimate customary practices. The present writ petition was  filed under article 226  of  the constitution of India for directions to the management of the temple to light the karthigai Deepam at stone Temple Pillar known as Deepathonon located 50 metres away from the Dargha which is three time away from permission of the judicial order. Petitioner challenged the temple management directions to light karthigai Deepam at the different location. Prayer of the petitioner was allowed after considering  the objection like  locus standi , resjudicata, Places of worship Act   .The  Court  directed the temple management/ devasthanam to light  the karthigai Deepam at the deepathoon  also apart from the usual places with the directions to the police to ensure that the directions of this Court is complied with. But the directions of the court were complied with only after filing of the contempt  petition and directions of the Court to the team of the CISF personal to offer protection to the petitioner and his associates not exceeding ten in number  to enforce the court order.

It is relevant to mention that Dargha committe has not filed appealed  against the order which is to be given effect .The state government has filed the appeal gainst the impugned order before the supreme court. Devotee petitioner  did not claim to light the deepathoon hinself but wanted that temple trust to preserve the traditions which relates to pre historic times. It was only when the temple trust did not comply with the orders then having regard to the communal harmony only ten persons were allowed to light the deepathoon which is three time away from the mutually agreed distance from the Dargha. Having regard to the  the events, it raises a series of  questions about the scheme of the constitution of India ,stake holders like the  sate government of Tamil Nadu and the legal remedies like appeal   as well as the constitutional and the statutory duties of the public servants  to comply with the high court order. Be that it may be  the CISF instrumentality of the union government enforced  the compliance of the order, thereby upholding the rule of law.

The contumacious  act of the state of Tamil Nadu  constitutes breach of the letter and  spirit of the oath to uphold the dignity of the  constitution of  taken by the Chief Minister of the state of Tamil Nadu. This also highlight that the state bureaucracy failed  to understand the distinguish between the legal orders judiciary and illegal orders of the superior authority and consequences thereof. It demonstrates the disrespect to the constitution   and desperation  of the political parties  for opting the option of motion of impeachment without waiting for the final verdict of the Honorable Supreme Court on the impugned order.

 To conclude, it  does not augur well for the nation where  a political ideology expresses  the displeasure on  judicial adjudication by constitutional court by way of allegation of  misconduct and incompetency on the judge who renders the judgment within the framework of the constitution of India.That the controversy is of ecclesiastical nature is misleading .This is being used as a tool to spread rumors  in the media to appease  the votebank. The speaker of the Lok Sabha is not required to take cognizance of the impeachment motion on account the motion being in violation of judiciary independence and constitutional democracy.

Surya Pratap Singh Rajawat

Advocate

Rajasthan High Court Jaipur