42 former judges back EC amid SIR row: 'Go to courts with evidence, don't delegitimise them'

Forty-two former judges and retired veterans of constitutional office have warned against attempts to undermine the Election Commission of India. They said political parties should take their grievances to the poll body and courts "with evidence" instead of delegitimising elections.

In a three-page open letter titled In Defence of Our Constitutional Institutions, dated October 7, the former judges said India's constitutional bodies were under "sustained attack", with the Election Commission at the centre of the controversy.

"We hold no brief for any political party. We write because, in moments like these, silence is no longer a neutral choice," they said.

Their letter comes amid protests by opposition parties over the Special Intensive Revision (SIR) of electoral rolls. Leader of the Opposition Rahul Gandhi and other INDIA bloc leaders have alleged that legitimate voters are being removed from the rolls and have demanded Chief Election Commissioner Gyanesh Kumar's resignation.

The former judges, however, said criticism of institutions was a democratic right but warned against what they described as their denigration.

"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," they write.

"These attacks are not reasoned critique. This appears to be a calculated campaign driven by vested political interests, with little regard for the potentially devastating consequences of destabilising the world’s largest democracy."

Read More: 'Misleading': ECI fact-checks Rahul Gandhi's Form 6 claim, cites SC ruling on Bihar SIR order

'A campaign without evidence'

"Constitutional authorities are now branded ‘thieves’, ‘puppets’ and ‘compromised’ from public platforms," the former judges said.

They also objected to officers conducting elections being "named, shamed and openly warned of reprisal once power changes hands". "No court of law has found any of these charges proven," they said.

The former judges questioned allegations of "vote theft", saying such claims were being made at press conferences rather than in courts.

"When the Commission seeks a sworn declaration, none is filed. Electronic Voting Machines are blamed only after defeat. Victories won on the same machines go unquestioned. A party that governed this nation for over five decades now claims that the very system which elected it is rigged."

They said activist groups had also lent the allegations "a veneer of legality" through repeated litigation, while often failing to provide proof. "They (activists) file petition, one after the other. They seldom file proof. The courtroom becomes a stage, and when the judgment is delivered, it is criticised whenever it does not serve their interests," they said.

'A clean roll protects every genuine vote'

The former judges defended the Election Commission's authority to revise electoral rolls, pointing to Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950.

They said intensive revisions had been carried out repeatedly since the first general elections, with the last SIR completed about two decades ago.

"The purpose is simple. Remove the names of the dead, the duplicate entries of the same name, the names of those who have shifted their residence to another place and to include the names of every eligible citizen," the letter said.

"Two decades of migration and urbanisation have left the rolls in need of correction. A clean roll protects every genuine vote."

The letter also cited the Supreme Court's decision upholding the SIR as lawful and within the EC's powers. According to the letter, the court found that the exercise had a legitimate purpose and included safeguards such as notice, hearing, objection and appeal.

"The campaign of casting suspicion continues unabated, regardless of facts or consequences," the former judges said.

'Do not delegitimise' elections

The former judges said India’s electoral system had enabled peaceful transfers of power at the Centre and in the states, including victories by opposition parties. "The protocols have not changed. The rules were not written in 2025. They were written in 1950," they said.

They warned that repeatedly telling citizens that their votes do not count could damage trust in the democratic process. "Trust is the currency of democracy," they said. "Tell citizens often enough that their vote does not count, and they stop believing in the ballot."

The former judges appealed to political parties to contest elections without delegitimising them. "Contest elections. Do not delegitimise them. Take your grievances to the Commission and the courts, with evidence," they said.

They also urged the media to scrutinise and verify claims before reporting them. "A headline is not evidence, and repetition does not make an allegation the truth," they said.

To constitutional bodies, they said: "Stand firm, remain transparent, address legitimate concerns with clarity, and stay above the political fray."

To citizens, they said: "Verify the facts before acting on them. Do not let anyone convince you that your vote is meaningless. Your vote is your voice, and it matters."

"Constitutional bodies do not belong to any government; they belong to the people of India," the former judges said.