CEC row: 42 Former Judges write an open letter and warn against attempts to undermine Election Commission

An open letter has been written by 42 judges and retired officials in India providing their support to the country's constitutional institutions while also sharing their worries regarding the continuous efforts to harm the Election Commission of India (ECI), judiciary, and statutory institutions.

The letter written on October 7, titled An Open Letter to the People of India: In Defence of Our Constitutional Institutions, made a series of allegations stating the efforts of institutions as unjustified and claimed that if such actions go unchecked, the trust of people in the democracy will be compromised.

“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.


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The signatories said criticism of institutions was a democratic right but cautioned against attempts to discredit them. “Criticism of institutions is a democratic right. Denigration is not,” the letter said, referring to the use of terms such as “thieves”, “puppets” and “compromised” for constitutional authorities on public platforms.

They voiced concern regarding the threats perceived against election beneficiaries in case of a shift in power, explaining that no legal process has established guilt.

Defend electoral process, signatories say

The document questioned allegations of ballot stuffing, which were made at media events instead of in court, and claimed that affidavits demanded by the Election Commission had not been submitted. It criticized the selective questioning of electronic voting machines (EVMs) based on concerns raised after electoral defeats but not electoral victories.

The authors accused activist organizations of filing multiple petitions without sufficient information and condemned the spreading of the allegations following verdicts that were not favorable to them.

The letter defended the electoral system in India, stating that nearly a billion voters cast their votes at over a million polling places. The authors stated that the Election Commission operates according to Article 324 of the Constitution, which establishes an independent body in charge of elections.

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According to the letter, the constitutional system allows for the peaceful transfer of authority in both the central and regional governments, with winning opposition parties accepting election results.

Former judges defend SIR

The authors of the letter have defended the Special Intensive Revision (SIR) of the electoral rolls as one sanctioned by the law for the purpose of maintaining credible voter lists.

Quoting Section 21(3) of the Representation of the People Act of 1950, they said that the Election Commission has the power to revise the voters’ lists at any time. Moreover, according to the letter, the intensive revision of the electoral rolls has been conducted time and again since the very first general elections dating back about two decades.

In addition, it is clarified that the procedure is meant to serve the purposes of removing the names of the dead, duplicate entries and those who relocated while also ensuring that only eligible voters are in the lists.

The letter points out that two decades of migrations and urbanization made such updates necessary and reiterates that the clean electoral lists produce legitimate votes.

Furthermore, the letter recalls the Supreme Court’s confirmation of SIR as lawful and within the powers of the Election Commission. The court has admitted that the procedure is legitimate providing such safeguards as notification, hearing, objection, and appeal while facilitating the constitutional requirement of free and democratic elections.

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

Warn against erosion of public trust

The authors of the letter said that persistent allegations that question the integrity of the elections can erode the trust of the public in democratic institutions.

“Trust is the currency of democracy,” the letter said, adding that telling citizens repeatedly that their votes do not count could undermine their faith in the ballot.

“When the ballot loses meaning, the street gains it,” the letter warned, referring to the possibility of unrest and the emergence of anarchic and fringe elements.

The letter called for a shared responsibility among institutions, political parties, the media and citizens to preserve public confidence in democracy. It urged political parties to raise grievances before the Election Commission and courts with evidence, and asked the media to scrutinise claims before reporting them.

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

They also urged constitutional bodies to remain transparent, address legitimate concerns and stay above the political fray, while asking citizens to verify facts before acting on them.

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

In conclusion, the signatories stated that constitutional bodies belong to the Indian people, and not to the government, highlighting that if the institution is compromised, it will also jeopardize the citizens’ rights.

In total, there are 42 people who signed this letter, such as former Justices of the Supreme Court Hemant Gupta and Pankaj Mittal and others.