NEW DELHI – Forty-two former Indian judges and retired veterans of constitutional offices have issued a strong warning against what they describe as a calculated campaign to undermine the Election Commission of India (ECI). In an open letter dated October 7, the group urged political parties to present their grievances with evidence in appropriate courts rather than attempting to delegitimise the electoral process.
Defending Constitutional Institutions
Titled "In Defence of Our Constitutional Institutions," the three-page letter asserts that India's constitutional bodies, particularly the ECI, are under "sustained attack." The former judges emphasised that while criticism is a democratic right, the current actions amount to denigration, driven by "vested political interests" with disregard for the potential destabilisation of the world's largest democracy.
The intervention comes amidst ongoing protests from opposition parties, including Leader of the Opposition Rahul Gandhi and other INDIA bloc leaders. These groups have raised concerns over the Special Intensive Revision (SIR) of electoral rolls, alleging that legitimate voters are being removed and demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
Allegations Without Evidence
The former judges specifically criticised the practice of branding constitutional authorities as "thieves," "puppets," or "compromised" from public platforms without legal proof. They highlighted that election officers are being "named, shamed, and openly warned of reprisal" despite no court having found such charges proven.
Furthermore, the letter questioned allegations of "vote theft," noting that such claims are frequently made at press conferences rather than being substantiated in courts. They pointed out that Electronic Voting Machines (EVMs) are often blamed only after electoral defeats, while victories achieved using the same machines go unquestioned. The judges also observed that activist groups frequently file petitions without providing adequate proof, using courtrooms as a stage and then criticising judgments that do not align with their interests.
The Purpose of Electoral Roll Revision
The letter strongly defended the ECI's authority to revise electoral rolls, referencing Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. They explained that intensive revisions, including the last SIR completed two decades prior, are crucial for maintaining a clean and accurate voter list.
"The purpose is simple. Remove the names of the dead, the duplicate entries of the same name, the names of those who have shifted their residence to another place and to include the names of every eligible citizen," the letter stated. With two decades of migration and urbanisation, the judges stressed that a clean roll is essential to protect every genuine vote. They also cited a Supreme Court decision that upheld the SIR as lawful, noting its legitimate purpose and embedded safeguards like notice, hearing, objection, and appeal.
Protecting Democratic Trust
The former judges underscored that India's electoral system has consistently facilitated peaceful transfers of power, both at the national and state levels, including victories by opposition parties. They warned that repeatedly telling citizens their votes do not count risks eroding trust in the democratic process, which they termed "the currency of democracy."
Their appeal to political parties is clear: "Contest elections. Do not delegitimise them. Take your grievances to the Commission and the courts, with evidence." They also urged the media to scrutinise and verify claims rigorously before reporting, stating that "a headline is not evidence, and repetition does not make an allegation the truth."
To constitutional bodies, they advised firmness, transparency, and clarity in addressing legitimate concerns. Finally, they called upon citizens to verify facts and not be swayed by narratives that diminish the importance of their vote, affirming that "Constitutional bodies do not belong to any government; they belong to the people of India."