New Delhi, 08 October (H.S.): Forty-two former judges have cautioned against alleged attempts to undermine the credibility of elections and constitutional institutions, including the Election Commission of India (ECI), warning that efforts to discredit the electoral process could fuel unrest and embolden anarchic elements.

In an open letter, the former judges expressed concern over allegations of “vote theft” made without substantive evidence and said that repeatedly branding constitutional institutions as “thieves” and “compromised” could erode public faith in democracy. “Criticism of institutions is a democratic right. Denigration is not,” they said.

The letter noted that nearly one billion voters in India exercise their franchise across more than one million polling stations, while the Election Commission derives its constitutional authority from Article 324. The former judges said the framers of the Constitution had deliberately placed responsibility for electoral rolls with an independent Election Commission, keeping them outside the direct control of the executive.

The former judges also defended the Special Intensive Revision (SIR) of electoral rolls, stating that Section 21(3) of the Representation of the People Act, 1950, empowers the Election Commission to revise electoral rolls at any time. According to the letter, intensive revisions have been undertaken on several occasions since the first general elections, with the previous SIR having been conducted nearly two decades ago.

The letter said the SIR is intended to remove the names of deceased persons, duplicate entries and individuals who have relocated, while ensuring that the names of all eligible citizens are included in the electoral rolls. It argued that migration and rapid urbanisation over the past two decades have made periodic updating of electoral rolls necessary, adding that a clean and accurate electoral roll protects the vote of every genuine elector.

Referring to the Supreme Court’s ruling on the SIR, the former judges said the court had recognised the exercise as lawful and within the Election Commission’s jurisdiction, and as being consistent with the constitutional objective of ensuring free and fair elections. They further noted that the process incorporates safeguards such as notice, hearing, objections and appeals.

The letter pointed to several instances of peaceful transfers of power at both the Centre and in the states, noting that political parties have accepted electoral verdicts on numerous occasions and thereby demonstrated democratic conduct. The former judges said democracy rests fundamentally on public trust and warned that repeatedly telling citizens that their votes do not matter could undermine confidence in the electoral process.

The former judges urged political parties to contest elections and place their grievances before the Election Commission and the courts with supporting evidence. They also called upon the media to scrutinise unverified allegations and speculation before giving them public currency. Constitutional institutions, they said, should remain transparent, address legitimate concerns with clarity and remain above partisan political contestation, while citizens should verify facts before acting upon or sharing any claim.

The letter was signed by 42 former judges, including former Supreme Court Justices Hemant Gupta and Pankaj Mittal. The signatories also include former Chief Justice of the Jammu and Kashmir and Delhi High Courts B.C. Patel, former Chief Justice of the Karnataka High Court Subhro Kamal Mukherjee, and former Chief Justice of the Sikkim High Court Permod Kohli.

The former judges said constitutional institutions belong not to any particular government but to the people of India. They argued that undermining the credibility of these institutions ultimately threatens the institutions that safeguard citizens’ democratic rights, and appealed to all Indians to stand in defence of them.

---------------

Hindusthan Samachar / Jun Sarkar