Madras HC Justice GR Swaminathan spoke against Constitution at RSS event, no action against him: Former Justice K Chandru

Madras High Court Justice GR Swaminathan has betrayed his oath to the Constitution by batting for ideas that are against secularism and rule of law, retired Justice K Chandru said at a public event held in Chennai on October 22.

In a scathing criticism of the sitting judge, Justice Chandru described Justice Swaminathan as a “strange person” who had spoken against the Constitution at a Rashtriya Swayamsevak Sangh (RSS) event despite having sworn to uphold the Constitution as a judge.

Justice Chandru was delivering the keynote address at the Viduthalai Chiruthaigal Katchi (VCK) advocates’ wing event titled Protecting the Constitution and Supreme Court.

“That GR Swaminathan is a strange person. The reason I say this is according to the Constitution, when we become a judge we have to take a firm oath: ‘I shall uphold the Constitution without fear or favour, without ill will.’ But he violated it. That is against the very oath of office,” the former judge said.

He alleged that Justice Swaminathan had participated in RSS events and had made disparaging remarks about the Indian Constitution, calling it a “copied” document derived from the Government of India Act, 1935.

“At an RSS meeting in Haryana, he says Constitution was copied from the 1935 law and that there is no originality in our Constitution. Dr. Ambedkar himself said he would not waste time responding to such people. Yet, a sitting High Court judge speaks like this and no action is taken,” he remarked.

According to Justice Chandru, such statements strike at the heart of the constitutional order envisaged by Dr BR Ambedkar - one that was meant to guarantee equality and protect minority rights.

“Those who violate the rule of law and deny Ambedkar’s legacy cannot be allowed,” he said.

He called upon lawyers and citizens to prepare for “a larger ideological struggle between equality and hierarchy”.

The event was held at Valluvar Kottam in Chennai and was organised jointly by the Samathuva Vazkarinyar Sangam and the VCK Advocates’ Wing. The VCK, led by Lok Sabha MP Thol Thirumavalavan, is a Dalit-rights political party allied with the ruling DMK.

Former judges Justice D Hariparanthaman and Justice K Chandru were among the main speakers. Other participants included Ezhil Caroline, P Tamizhiniyan and SA Rajinikanth, all affiliated with the VCK.

Interestingly, a poster featuring Chief Justice of India (CJI) BR Gavai’s image and the VCK logo was displayed outside the Madras High Court to promote the event, though there was no indication of his participation. A video uploaded on YouTube confirmed that CJI Gavai did not attend the event.

Justice Chandru’s address also touched upon the treatment of CJI Gavai, a member of the Scheduled Caste community. He condemned what he described as continuing disrespect towards Dalit judges even at the highest levels of the judiciary.

He went on to argue that a footwear or slipper held cultural significance in the anti-caste movement and should not be seen purely as an insult.

“If a footwear is thrown, it is not disrespect. Those who disrespect footwear are high-caste people. We will wear footwear; we will do anything with it,” he said, referring to Periyar EV Ramasamy’s act of defiance when a slipper was thrown at him.

“Periyar picked it up and said he would wear another pair,” Chandru recalled, arguing that the symbol of footwear represented equality and resistance rather than humiliation.

Justice Chandru said that when a sitting Chief Justice of India faces such an act inside court, it should have led to a national outcry rather than silence.

“If such an incident can happen when the Chief Justice himself is presiding and we remain quiet, what message does that send about our respect for the institution?” he asked.

He also criticised the failure of official protocol when CJI Gavai visited Maharashtra earlier this year, recalling that senior officials did not receive him at the airport.

“Even if a person from a Scheduled Caste becomes the Chief Justice of India, he will still not be treated with the dignity due to his office."

Moving from contemporary events to broader reflection, Justice Chandru invoked Dr Ambedkar’s constitutional vision and warned against efforts to reinterpret it through the prism of “Sanatana” hierarchy. He criticised those who continued to glorify Manu while opposing statues or memorials of Ambedkar.

“Those who uphold the caste order continue to be celebrated, while Ambedkar’s image still needs police protection. That is the paradox of our democracy,” he said.

Justice Chandru described the current moment as an ideological battle over the meaning of justice, urging members of the legal fraternity to stand by the principles of equality, fraternity and secularism.

“The struggle today is not between two individuals but between two ideas of justice — one based on equality and another rooted in hierarchy,” he opined.