Amid CEC Row, 42 Ex-Judges Back Election Commission, Warn Against Attacks On Constitutional Bodies

Forty-two former judges and retired officials have issued an open letter backing India's constitutional institutions and warning that repeated attacks on the Election Commission, the higher judiciary and statutory bodies could erode public confidence in democracy.

The letter, dated October 7 and titled “An Open Letter to the People of India: In Defence of Our Constitutional Institutions”, voiced concern over what the signatories described as sustained attacks on constitutional bodies.

“Our concern is grave. India's constitutional bodies are under sustained attack. The Election Commission of India stands at the centre of this assault. Even the higher judiciary which we hold in high esteem, and statutory agencies have not been spared,” the letter stated.

The signatories also expressed concern over perceived threats to election beneficiaries in the event of a change in power, while noting that no legal process had established their guilt.

The letter distinguished between legitimate scrutiny and attacks on institutions. “Criticism of institutions is a democratic right. Denigration is not,” it stated, referring to terms such as “thieves”, “puppets” and “compromised” being used for constitutional authorities on public platforms.

Election Commission Defence

The letter said the Election Commission was being unfairly targeted and questioned allegations of ballot stuffing that, according to the signatories, were raised at media events rather than tested in court. It also said affidavits sought by the poll body had not been submitted.

The signatories criticised what they described as selective attacks on electronic voting machines after electoral defeats, but not after victories. They also accused activist organisations of filing multiple petitions without sufficient information and criticised the continuation of allegations after verdicts that did not go in their favour.

The letter defended the wider electoral process, stating that nearly a billion voters cast their ballots at more than a million polling places. It noted that the Election Commission functions under Article 324 of the Constitution as an independent body responsible for conducting elections.

The signatories said the electoral system had enabled peaceful transfers of power at the Centre and in the states, including instances when opposition parties won and accepted the results.

Roll Revision Justification

The letter also defended the Special Intensive Revision (SIR) of electoral rolls, describing it as lawful and necessary to maintain credible voter lists.

It cited Section 21(3) of the Representation of the People Act, 1950, to argue that the Election Commission has the power to revise electoral rolls at any time.

According to the signatories, intensive revision of electoral rolls has been carried out repeatedly since the first general elections. They said the exercise is intended to remove the names of deceased persons, duplicate entries and people who have relocated, while ensuring that only eligible voters remain on the rolls.

They argued that two decades of migration and urbanisation had made such updating necessary and that clean electoral rolls lead to legitimate votes.

The letter also referred to the Supreme Court's confirmation that SIR is lawful and within the Election Commission's powers. It said the court had recognised the procedure as legitimate when safeguards such as notification, hearing, objection and appeal are available.

Warning Over Erosion Of Public Trust

The signatories warned that the larger risk lay in the steady erosion of public faith in democratic institutions.

“The campaign of casting suspicion continues unabated, regardless of facts or consequences,” the letter stated.

“Trust is the currency of democracy,” it added, warning that repeatedly telling citizens that their votes do not count could weaken faith in the electoral process.

The letter further stated, “When the ballot loses meaning, the street gains it,” linking such distrust to unrest and the rise of fringe elements.

The signatories called for shared responsibility among institutions, political parties, the media and citizens. They urged political parties to take their grievances to the Election Commission and courts with evidence, while reminding the media to test claims before publishing them.

“A headline is not evidence, and repetition does not make an allegation the truth,” the letter stated.

The appeal ended by asking constitutional bodies to remain transparent, address legitimate concerns and stay above the political fray.

“Do not let anyone convince you that your vote is meaningless. Your vote is your voice, and it matters,” the letter stated.

The signatories added that constitutional bodies belong to the Indian people, not the government, and warned that compromising them would also jeopardise citizens' rights. The 42 signatories include former Supreme Court Justices Hemant Gupta and Pankaj Mittal, among others.