Members of Parliament from INDIA bloc parties in Tamil Nadu are collecting signatures to submit a notice to Lok Sabha Speaker Om Birla asking him to adopt a motion to impeach Justice G R Swaminathan of the Madras High Court.

Justice Swaminathan came under sharp criticism from the ruling DMK and its allies in Tamil Nadu over the past week for his order that allowed a lamp to be lit on a post near a dargah on Thiruparankundram hill during the Karthigai Deepam festival.

While MPs from the DMK chose not to comment on this effort, at least three Lok Sabha MPs from allied parties confirmed that the move is underway. One of these MPs said the notice will likely be submitted to the speaker on Tuesday. The MPs did not share the specific grounds on which they are seeking the judge’s removal.

Once the notice is submitted, the speaker can examine the material and decide whether to accept the motion or not. One of the MPs told TNIE that “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”.

The notice for removing a judge can begin in either House of Parliament. If the process is started in the Rajya Sabha, at least 50 MPs from the Upper House must sign before the notice can be submitted to its speaker.

The Hindu Religious and Charitable Endowments department, which manages the well-known hill temple, had pointed to the long tradition of lighting the lamp at the Uchipillaiyar temple on the hill. It had also cited earlier High Court orders while arguing before Justice Swaminathan against granting approval. In the end, the state government did not follow the order of the single judge.

The VCK, a key ally of the DMK, has demanded the impeachment of Justice Swaminathan. Party president and MP Thol Thirumavalavan said that his order had gone against constitutional principles and had placed communal harmony at risk. The CPM in Tamil Nadu also held a demonstration demanding his removal.

A judge can be removed by Parliament for “proven misbehaviour or incapacity” as laid out in the Constitution.

If the speaker accepts the motion, a three-member inquiry committee will be formed to look into the charges. If the committee finds misbehaviour or incapacity, the motion will first be taken up in the House where it started. If it passes with a simple majority of the total strength of the House and a two-thirds majority of members present and voting, it will then move to the other House, where it must be passed in the same way.

Opposition parties have attempted to remove judges at least four times in the past ten years but none of these notices reached the stage where an inquiry committee was formed.

The notice for removing a judge can be started in either House of Parliament. If it begins in the Lok Sabha, at least 100 MPs from the Lower House must sign before it can be submitted to the speaker.