Senior BJP leader and former law minister Ravi Shankar Prasad on Wednesday voiced strong concerns in the Lok Sabha over what he described as a “new system” in which impeachment motions are being initiated against judges who deliver rulings perceived as unfavorable by certain political groups. His remarks came in the context of a debate on electoral reforms, and were prompted by a recent development in which 108 MPs from the Indian National Developmental Inclusive Alliance (INDIA) submitted an impeachment notice in the Lok Sabha seeking the removal of Justice GR Swaminathan of the Madras High Court.

Prasad, representing Patna Sahib, warned that this emerging trend of questioning judicial conduct through impeachment motions poses a serious threat to judicial independence. He cautioned that such practices, if normalized, could undermine the constitutional doctrine of separation of powers, which ensures that the legislature, executive, and judiciary operate independently without undue interference.

During his speech, Prasad also addressed criticisms from the Opposition regarding the recent law that excludes the Chief Justice of India (CJI) from the selection committee for appointing the Chief Election Commissioner (CEC) and other Election Commissioners. The law had been challenged by opposition members who argued that excluding the CJI from the process could weaken institutional checks and balances.

Prasad countered these criticisms by emphasizing the importance of maintaining boundaries between different branches of government. He stated that while the independence of the judiciary is indispensable, it does not imply that the judiciary should be involved in every institutional or administrative mechanism. “We all respect the independence of the judiciary. But would it be appropriate to involve the judiciary in everything? Is it not against the separation of powers doctrine?” he asked, stressing that over-involvement of the judiciary in administrative matters could itself pose a challenge to democratic functioning.

He further argued that the Opposition’s insistence on including the CJI in all decision-making processes reflected a lack of confidence in parliamentary and executive mechanisms. According to Prasad, this approach demonstrates “weaknesses among us” that could be detrimental to the health of democracy. He suggested that frequent resort to impeachment or judicial intervention in administrative matters risks politicizing the judiciary, thereby eroding public confidence in judicial impartiality.

The BJP leader’s comments underline the party’s position that while judicial accountability is crucial, it must be balanced carefully against the need to protect judges from politically motivated attacks. Prasad highlighted that normalizing impeachment notices as a reaction to judicial decisions could set a dangerous precedent, potentially deterring judges from delivering rulings based solely on the law and evidence.

He concluded by stressing that India’s democratic framework relies on clear demarcation of roles for the legislature, executive, and judiciary. Encouraging political actors to respect this balance, Prasad’s statement reflected the BJP’s stance that institutional independence should not be compromised, and that impeachment mechanisms must be used judiciously, rather than as tools to retaliate against unfavorable judgments.

In essence, Prasad’s intervention in the Lok Sabha served as both a critique of opposition practices regarding judicial impeachment and a defense of recent legislative changes that streamline the selection of Election Commissioners while keeping the separation of powers intact. His remarks reinforce the party’s narrative that democratic institutions should operate within their constitutional remit, and that judicial independence must be shielded from political pressures, ensuring judges can function without fear of reprisals.