INDEPENDENCE OF JUDICIARY IN SEARCH OF INDEPENDENCE
Justice is one of the pristine values embodied in the Preamble of the Indian Constitution among others. It is the duty of the State to secure justice to every citizen of country and hence the onus to protect the independence of the servers of Justice on the State is greater . But the impeachment motion moved against Justice G. R. Swaminathan of Madras High Court is a stark contradiction which indicates systemic failure. Surprisingly, the motion is reasoned not on the grounds of proven misbehaviour or incapacity but on the allegations of favouring Hinduism and particular caste of society in his decisions. In a country like India which embraces the principle of secularism, allegations on a judge of being biased towards a particular religion is highly unsustainable and strikes at the credibility of the Judiciary. The alleged controversy revolves around his decision allowing the lighting up of a lamp on a stone pillar near a dargah on Madurai’s Thiruparankundram Hill, claiming it is the traditional spot where the lamp should be lit.