'Don't Delegitimise Democracy': Ex-Judges Back EC, Call 'Vote Theft' Claims a Campaign Without Evidence

‘Campaign Without Evidence’: 42 Ex-Judges Back EC, Hit Out At ‘Vote Theft’ Claims Amid Opposition Protest

New Delhi: A group of former judges and retired holders of constitutional offices has issued an open letter urging political parties, the media and citizens to defend India’s constitutional institutions, while expressing concern over what they described as a sustained campaign against the Election Commission of India, the higher judiciary and statutory bodies.

In the letter dated October 7, the signatories said they were writing “as former judges and retired veterans of constitutional office” and had no brief for any political party.

They said criticism of institutions was a democratic right, but alleged that constitutional authorities were increasingly being described as “thieves”, “puppets” and “compromised” without such allegations being established before a court of law.

The letter particularly criticised allegations of “vote theft”, saying such claims were being made at press conferences rather than before courts. It said that when the Election Commission sought a sworn declaration, such a declaration was not filed, and questioned the selective criticism of electronic voting machines after electoral defeats.

The former judges and constitutional functionaries also alleged that certain activist groups were filing petitions without sufficient proof and that judicial decisions were subsequently criticised when they did not serve the interests of those raising the grievances. They said such attacks risked eroding public confidence in the judicial system.

On the Special Intensive Revision (SIR) of electoral rolls, the signatories said the exercise was part of the constitutional and statutory framework governing elections. Referring to Section 21(3) of the Representation of the People Act, 1950, they said the Election Commission was empowered to revise electoral rolls and noted that intensive revisions had been conducted in the past.

According to the letter, the purpose of the exercise was to remove names of deceased persons, duplicate entries and voters who had shifted residence, while ensuring that eligible citizens were included in the rolls. The signatories said two decades of migration and urbanisation had made correction of electoral rolls necessary.

The letter further claimed that the Supreme Court had upheld the SIR as lawful and within the Election Commission’s powers, with safeguards including notice, hearing, objection and appeal. It said the exercise advanced the constitutional requirement of free and fair elections.

Warning against continued attacks on the credibility of electoral institutions, the signatories said public confidence was central to democracy. They cautioned that repeatedly telling citizens that their votes did not count could undermine faith in the electoral process and create space for unrest and fringe elements.

The signatories called upon political parties to contest elections without delegitimising them and to take grievances before the Election Commission and courts with evidence. They urged the media to scrutinise and verify allegations before reporting them, while asking constitutional bodies to remain transparent and address legitimate concerns.

“Constitutional bodies do not belong to any government; they belong to the people of India,” the letter said, calling upon citizens to defend institutions that safeguard their democratic rights. 

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