CHENNAI: Justice G.R. Swaminathan of the Madras High Court has drawn significant criticism following a public declaration that “Sanatana Dharma” will serve as the guiding principle for his remaining four and a half years of judicial service.
According to Muslim Mirror the statement, made during the Dhara Divine Awards 2025 on Saturday, has intensified an ongoing debate regarding the intersection of personal religious belief and the secular obligations of the Indian judiciary.
Summary of Key Developments
- The Statement: Justice Swaminathan asserted that to achieve “excellence” in his remaining service, he must keep “Sanatana Dharma” in his heart.
- The Context: These remarks follow a history of controversial observations on caste, Dravidian ideology, and social justice.
- Legal Pushback: Legal experts and opposition leaders argue the statement contravenes the Constitutional Oath, which mandates impartiality regardless of religion.
A Tenure Defined by Contention
Justice Swaminathan’s career has increasingly become a flashpoint for discussions on judicial conduct. While his rulings cover a broad spectrum—including animal rights and freedom of expression—his public rhetoric has led to accusations of majoritarian bias.
In late 2025, the friction reached a peak when:
- Impeachment Motion: Opposition MPs moved for impeachment, citing concerns over his impartiality.
- Presidential Petition: INDIA bloc representatives petitioned President Droupadi Murmu, alleging that the judge’s ideological leanings influenced courtroom proceedings and the treatment of advocates.
Constitutional vs. Religious Frameworks
The core of the controversy lies in the Basic Structure Doctrine of the Indian Constitution, which establishes secularism as a fundamental pillar.
“When India became a republic, the only guiding light for justice is our Constitution,” noted DMK spokesperson Saravanan Annadurai. “Will a judge be allowed to continue if he says the Quran or Bible should guide him?”
Legal professionals have echoed this sentiment, suggesting that public declarations of religious guidance by a sitting judge may erode public confidence in the “blind” nature of justice. Under Article 219 of the Constitution, a High Court judge swears to bear true faith and allegiance to the Constitution of India—not to any specific religious or social code.
The Path Forward
As the impeachment motion remains a matter of parliamentary and legal discussion, Justice Swaminathan’s comments have forced a broader conversation on whether a judge’s “inner conscience” can be publicly tethered to a specific faith without compromising the perceived neutrality of the court.
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