Manisha Tiwari

[counsellingsworld]

Impeachment Is Not a Reply to an Unpopular Judgment

By Manisha Anand Tiwari

The recent move by 107 Members of Parliament to initiate impeachment proceedings against Justice G.R. Swaminathan of the Madras High Court marks a deeply unsettling moment for India’s constitutional democracy. While accountability of judges is essential in a republic governed by the rule of law, the manner and context in which impeachment is being invoked demand serious reflection.

The impeachment notice followed a judicial order passed by Justice Swaminathan in the Thirupparankundram hill dispute, where he permitted the lighting of traditional lamps near a dargah, citing historical practices and constitutional protections of religious freedom. The ruling generated political discomfort and public controversy. Soon after, the extraordinary constitutional mechanism of impeachment was set in motion.

At the heart of this episode lies a fundamental constitutional principle: disagreement with a judicial decision cannot be equated with judicial misconduct. Articles 124 and 217 of the Constitution deliberately set a very high threshold for the removal of judges—“proved misbehaviour or incapacity.” This safeguard exists to ensure that judges are not punished for decisions that may be unpopular, inconvenient, or politically sensitive.

It is undeniable that misuse of power can occur in any institution, including the judiciary. Judges are not above scrutiny. However, the Constitution prescribes specific remedies for addressing alleged judicial excesses—appeals, reviews, curative petitions, and in-house judicial mechanisms. Impeachment was never intended to become a substitute for these processes, nor a political response to a controversial judgment.

The number of MPs supporting the notice—107—may appear substantial, but constitutional morality is not determined by numerical strength. History repeatedly warns us that majoritarian impulses can undermine constitutional values if left unchecked. If judges begin to fear removal for their interpretations of law, judicial independence will be reduced to a fragile illusion.

Equally significant is the role of the Lok Sabha Speaker in this moment. The Speaker’s duty is not merely procedural but constitutional. Acceptance of an impeachment notice requires careful application of mind and preliminary scrutiny. The Speaker is empowered—and obligated—to refuse motions that do not meet the constitutional standard of “proved misbehaviour.”

Lowering this threshold risks setting a dangerous precedent. Tomorrow, any judge delivering an inconvenient verdict could face similar political retaliation. Such a climate would inevitably encourage judicial timidity, weakening the courts’ role as protectors of fundamental rights and constitutional limits.

It is therefore noteworthy that several former judges and senior members of the Bar have expressed concern over this development. Their opposition is not a defence of an individual judge but a defence of an institution whose independence is vital for democracy’s survival.

A democracy does not thrive on institutional confrontation but on constitutional restraint. Parliament, the executive, and the judiciary are co-equal pillars, each bound by limits. When impeachment becomes a tool of political pressure rather than constitutional necessity, those limits begin to erode.

Impeachment must remain an exceptional remedy, not a reaction to an unpopular judgment—because when judges are punished for their decisions, it is the Constitution itself that stands impeached.

[counsellingsworld]

Date:- 12/12/2025

Right to Disconnect: Reclaiming Human Time in a Hyper-Connected World

In the age of smartphones, instant messaging and remote work, the boundary between professional duty and personal life has steadily eroded. Late-night emails, weekend calls and the unspoken expectation of constant availability have become normalised across sectors. Against this backdrop, the proposed Right to Disconnect Bill, 2025 marks an important and timely intervention, aimed at restoring balance, dignity and mental well-being in the modern workplace.

The Right to Disconnect refers to an employee’s legal right to disengage from work-related communication outside official working hours, without fear of disciplinary action or professional disadvantage. The 2025 bill seeks to formally recognise that an employee’s time beyond work hours is not an extension of the office, but a space for rest, family life and personal growth.

Why the Right to Disconnect Matters

Continuous connectivity has brought efficiency, but it has also brought exhaustion. Studies across the world show rising levels of workplace stress, burnout, anxiety and sleep disorders—much of it linked to the pressure of being “always online.” When work intrudes into evenings, weekends and holidays, recovery time disappears, leading to reduced productivity and deteriorating mental health.

The proposed legislation acknowledges a simple truth: rest is not a luxury, it is a necessity. Employees who are well-rested are more focused, creative and committed during working hours. By discouraging unpaid overtime masked as “quick calls” or “urgent messages,” the law would also promote fair labour practices and transparency.

Global Precedent

The concept is not new. France was the first country to formally introduce the Right to Disconnect, with the law coming into effect in 2017. Since then, several countries have adopted similar protections in varying forms. Nations such as Belgium, Spain, Italy, Portugal and Ireland in Europe, and countries like Argentina, Brazil, Mexico, Chile and Peru in Latin America, have introduced regulations or guidelines recognising employees’ right to disconnect. More recently, Australia has enacted national-level reforms reinforcing this principle.

While the scope and enforcement mechanisms differ, the global trend is clear: governments are increasingly recognising that unchecked digital work culture is unsustainable.

The Indian Context

India’s workforce, particularly in the IT, corporate and service sectors, has experienced an intense digital shift—accelerated by remote and hybrid work models. However, legal safeguards have not kept pace with this transformation. The Right to Disconnect Bill, 2025, seeks to fill this gap by requiring organisations to define clear communication policies, respect working hours and compensate employees for legitimate after-hours work.

Importantly, the bill does not seek to hinder productivity or emergency response. Rather, it promotes reasonable expectations, structured workflows and mutual respect between employers and employees.

A Step Towards Humane Work Culture

Critics may argue that such a law could reduce flexibility. In reality, flexibility without boundaries often becomes exploitation. The Right to Disconnect does not oppose dedication; it opposes coercion disguised as commitment. By clarifying when employees are expected to be available—and when they are not—the law encourages healthier, more honest professional relationships.

As India aspires to be a global economic powerhouse, it must also aspire to protect the well-being of its workforce. Growth that comes at the cost of mental health is neither ethical nor sustainable.

Conclusion

The Right to Disconnect Bill, 2025, is more than a labour reform—it is a cultural statement. It affirms that human beings are not machines, and productivity cannot thrive in the absence of rest. By joining the growing list of nations that legally recognise this right, India has an opportunity to lead not only in economic output, but also in progressive, people-centred governance.

In reclaiming the right to disconnect, we reclaim something deeply human: the right to live beyond work.

Manisha Anand Tiwari

[counsellingsworld]

Hello

Hi

[counsellingsworld]

Date:-14/01/2023, Day:- Saturday

How to take care of infants in a proper way?

From yesterday onwards,I have started my own YouTube channel with the name..... Counselling with me.

The only purpose of this channel is to create awareness in the people and society. Today we all are leading a hustle and bustle life. We are just running behind... SOMETHING .... for our name and fame.

Yesterday I made a video regarding infants(newly born babies) who are born in metropolitan cities,who parents literally live a busy life.

📌 After few months of their birth,they are either handed over to Maid or Nannies.

📌Nannies are given the duty to take care of them,feed them,play with them etc.... it means Nanny are given their full responsibility.

But,at that time a question strikes my mind...Don't these children need Mother's Touch? Actually they need. For their social, emotional,mental and cognitive development,they need their mothers.Today we find many those children who behave differently as compared to others. They are not mentally active, don't respond well..etc as compared to others. Actually whose mistake is this? Is it theirs or ours? Actually it's our mistake.

You may be thinking than shall you sacrifice your career or ignore your child?

Actually we don't need to sacrifice anything.

We just need to balance these things in this technological world.

Today government has also provided maternity leave for working mothers for upbringing of their child in a proper way.

All I want to say is don't ignore your precious one. Give them your time, love and care.

[counsellingsworld]

Date-09-08-2020

Place-Patna, Bihar

Today as any other day I went to feed stray animals in my locality.I went at 4 am in the morning.As,I feed regularly... animals were waiting for me.They were rejoiced and started jumping and licking my hand and feet.

I feel really comfortable being with them.Their innocent face,their eyes....touch my heart.When I fed them they started eating happily and sat by my side.

But ,it really hurts me when I see their condition.They are not born in that way but they are conditioned by our deed.Sometimes I even feel ashamed being a HUMAN ...because how can humans hurt them.God gave us life as a human..by trusting us.He gave us all powers which other creatures don't have.But what are we doing....we are misusing them.Animals trust us,come to us because of their hunger ..but in return we hurt them,we beat or even sometimes kill them ... sometimes for our selfishness,in the name of religion or sometimes for our enjoyment.And one more thing I would like to state......I don't think God would have said to kill animals which we do...for his sake. Any creator can't say to hurt his children.

People think....why I go at 4am...it's because..the cheap people over there can't see animals eating happily and I don't want they get hurt because of my deed...I just pray for their happiness..for their health and always want them to lead a happy life ..just as we do.

[counsellingsworld]

[counsellingsworld]

I, Manisha Tiwari,was born in 1994. And today in 2020 I find everything changed.Yes,change is good..we should change with the passage of time but I don't find this whole..."Positive". I find it with two sides...just like two sides of a coin. We are developing..that's a positive side but for this success today I find people are like...can sacrifice anything,can do anything..it's really heart-breaking.They don't think of anything, anyone..Yeh, I am also of this stage but I don't find myself there.Today I find people..like they are just thinking about theirself.. Selfishness has fully covered them..just for their own enjoyment they are doing those things which is crime.. when I go deeper...I find ...today at this stage if humanity is left or not...

We should think....what we are doing and why? For our comfort,for success..But how can we be comfortable ...by giving pain to other creature.....by taking some other's lives.......

Patna, Bihar,India

Date:-06-08-2020