In a major intervention amidst escalating Opposition demonstrations against Chief Election Commissioner Gyanesh Kumar, a group of 42 former judges and retired constitutional office holders issued a joint open letter on Thursday defending the Election Commission of India (ECI).
Asserting that they hold no political brief, the distinguished jurists stated that “silence is no longer a neutral choice” as constitutional institutions face a sustained, politically motivated assault.
“Our concern is grave. India’s constitutional bodies are under sustained attack. The Election Commission of India stands at the centre of this assault,” the open letter reads.
Criticism vs. Denigration: Warning Over Evolving Rhetoric
The signatories strongly objected to public political discourse where constitutional authorities are routinely labeled as “thieves,” “puppets,” or “compromised” without evidentiary backing. They also highlighted instances where election officials were publicly named and threatened with personal reprisals following potential future political shifts.
“Criticism of institutions is a democratic right. Denigration is not,” the judges stated, pointing out that no court of law has validated or proven allegations of “vote theft” leveled by political groups.
Legal Backing for Electoral Roll Revision
Addressing the contentious Special Intensive Revision (SIR) of electoral rolls, the former judges affirmed that the process falls squarely within the poll body’s statutory mandate under Section 21(3) of the Representation of the People Act, 1950.
They emphasized that periodic, intensive revisions have been carried out routinely since India’s first general election to eliminate duplicate entries, deceased voters, and out-migrated citizens while adding newly eligible electors. The letter noted that the Supreme Court of India has consistently upheld the SIR process as constitutional and equipped with adequate administrative safeguards, including notice periods, public hearings, and statutory appeal mechanisms.
Protecting Trust in Democracy
Warning of the long-term dangers of repeatedly telling citizens that their votes do not matter, the jurists urged all political parties, civil society organizations, and media houses to uphold democratic norms and rely on legal channels.
“Trust is the currency of democracy. When the ballot loses meaning, the street gains it,” the letter concluded, reminding citizens that constitutional bodies belong to the nation rather than any ruling government.
