42 पूर्व न्यायाधीशों ने चुनाव आयोग व संवैधानिक संस्थाओं की रक्षा की, कहा आलोचना लोकतांत्रिक अधिकार है, अपमान नहीं

'Criticism Of Institutions Is A Democratic Right, Denigration Is Not': 42 Former Judges Defend ECI, Constitutional Bodies

42 former judges have warned against attempts to undermine the Election Commission, judiciary and other constitutional institutions.

42 former judges have issued an open letter defending the Election Commission of India and other constitutional institutions amid ongoing public and political allegations concerning the electoral process. They said that while criticizing institutions is a democratic right, denigration isn’t.

Titled "An Open Letter to the People of India: In Defence of Our Constitutional Institutions" the letter released on October 7 expresses concern over what its signatories describe as a "calculated campaign driven by vested political interests, with little regard for the potentially devastating consequences of destabilising the world’s largest democracy".

The signatories include former Supreme Court Justices Hemant Gupta and Pankaj Mittal, besides former Chief Justices of High Courts and several former High Court judges. The list also includes former Delhi High Court judges S.N. Dhingra, Vinod Goel, G.P. Mittal, V.B. Gupta and Deepa Sharma, among others.

The letter begins by stating that the signatories are writing as former judges and retired veterans of constitutional office and do not hold a brief for any political party.

"We write as former judges and retired veterans of constitutional office. We hold no brief for any political party. We write because, in moments like these, silence is no longer a neutral choice" the letter begins with these words.

The letter adds that the concern of the Judges is grave as 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 states.

'Criticism Of Institutions Is A Democratic Right. Denigration Is Not'

The former judges draw a distinction between criticism of constitutional institutions and what they describe as their denigration.

“Criticism of institutions is a democratic right. Denigration is not,” the letter states, referring to public descriptions of constitutional authorities as “thieves”, “puppets” and “compromised”.

The signatories further state that officers conducting elections have been publicly named and criticised, including warnings of reprisals in the event of a change in government. They add that, according to their letter, no court has found the allegations against these officials to have been proved.

The letter also takes issue with allegations of "vote theft", stating that such allegations have been made at press conferences rather than tested through judicial proceedings. It claims that when the Election Commission seeks sworn declarations or supporting material, such material is not provided.

The signatories also refer to allegations concerning Electronic Voting Machines, arguing that questions over EVMs are raised after electoral defeats while victories obtained through the same system are not subjected to similar challenges.

Former Judges Defend Special Intensive Revision Of Electoral Rolls

A substantial portion of the letter is devoted to the Special Intensive Revision (SIR) of electoral rolls. The signatories state that the Election Commission derives its authority from Article 324 of the Constitution and that Section 21(3) of the Representation of the People Act, 1950 empowers it to revise electoral rolls.

They describe SIR as part of the constitutional design for maintaining electoral rolls and state that intensive revisions have been undertaken repeatedly since the first general elections.

According to the letter, the exercise is intended to remove the names of deceased persons, duplicate entries and people who have shifted their residences, while ensuring that eligible citizens are included in the electoral rolls.

The signatories contend that decades of migration and urbanisation have created a need to update the electoral rolls and that a clean electoral roll protects genuine voters.

The letter further relies on the Supreme Court's treatment of SIR, stating that the exercise has been upheld as lawful and within the Election Commission's powers, with safeguards including notice, hearing, objection and appeal.

It adds: “The campaign of casting suspicion continues unabated, regardless of facts or consequences.”

Warn Against Erosion Of Public Confidence

The signatories argue that repeated allegations questioning the integrity of elections could ultimately undermine public confidence in the democratic process. “Trust is the currency of democracy,” the letter states.

It warns that if citizens are repeatedly told that their votes do not count, they may lose faith in the electoral process.

"When the ballot loses meaning, the street gains it " the letter states, warning of the possibility of unrest and the emergence of what it describes as "anarchic and fringe elements".

The signatories contend that the responsibility for preserving confidence in democratic institutions is shared by constitutional bodies, political parties, the media and citizens.

Appeal To Political Parties, Media And Citizens

The letter concludes with separate appeals to political parties, the media, constitutional bodies and citizens.

Political parties have been urged to contest elections and raise their grievances before the Election Commission and courts "with evidence", rather than delegitimising the electoral process.

The media has been asked not to amplify conjecture or speculation without first scrutinising and verifying the claims being reported.

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

Constitutional bodies, meanwhile, have been urged to remain firm and transparent, address legitimate concerns with clarity and stay above the political fray.

Citizens have been asked to verify facts before acting on claims concerning the electoral process.

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

The signatories conclude by asserting that constitutional bodies "do not belong to any government; they belong to the people of India", and that an attack on their credibility ultimately affects the institutions responsible for safeguarding citizens' democratic rights.

The 42 signatories include former Supreme Court judges, former High Court Chief Justices and former judges of several High Courts across the country.

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