42 Former Judges Defend Election Commission, Back SIR Amid Opposition Protests

The Election Commission of India (ECI) has got the backing of 42 former judges and retired constitutional office holders after the protests by the Opposition parties demanding the resignation of chief election commissioner Gyanesh Kumar.

In an open letter, the signatories voiced concerns about a "persistent campaign of opposition" against the Election Commission, Supreme Court and other constitutional bodies. They claimed they were not politically motivated and felt they had to express their concerns as silence was no longer an option.

The former judges raised questions over the claims of “vote theft” without evidence, and cautioned against “showing” constitutional officials as “thieves” or “puppets” or “compromised”.

Ex-Judges back the Election Commission

The signatories stated that they opposed criticism of constitutional institutions but believed that unsubstantiated calls to discredit institutions may undermine public trust in these institutions.

They also raised concerns on the public identification of election officials and alleged threat of reprisals in case of a change in government.

The letter emphasized that accusations against constitutional institutions must not be made on the basis of public accusations, but on the basis of the evidence and the proper legal procedure.

SIR as part of the Election Commission's mandate

The former judges vehemently opposed the Special Intensive Revision of electoral rolls, calling it electoral list upkeep within the stipulations of the Constitution.

They cited Section 21(3) of the Representation of the People Act, 1950, that provides the Election Commission with the power to change electoral rolls. The letter states that the General elections have been held in India, and intensive revisions have been done repeatedly since then.

The signatories said that the exercise will be aimed at the removal of the names of deceased voters, checking for duplication and removal of names of citizens who have permanently moved, and ensuring that all eligible citizens are on the electoral rolls.

They said that changes in the voter rolls need to be made periodically, as people migrate and urbanise over the years.

The Supreme Court's decision in the case is referenced by former Judges

In the open letter, the Supreme Court's recognition of the exercise within the ambits of the Election Commission and its objective was also mentioned.

The signatories referred to the protection measures, such as notice, hearing opportunity, objections and appeals.

They condemned the “ongoing efforts” to spread “suspicion” over the electoral revision process despite these measures.

The former judges state that the rules for the electoral-roll revision are not new, but have been in place for decades.

Stirring Up Warning Over Public Trust In Elections.Roulen a warning over public trust in elections.

The former judges also cautioned that reaffirming over and over again to the public that their vote is not significant could lead to a loss of faith in the Indian democratic system.

They pointed out that the electoral process has led to peaceful transfers of power at the national and state level in India and the results of elections have historically been accepted by political parties.

The letter stressed the importance of public confidence in elections in a democracy and warned that erosion of public confidence in elections could reverberate "more broadly" on democratic institutions.

Call for evidence based political discussion

The signatories urged political parties to take action against electoral complaints with the Election Commission and courts on the basis of evidence.

They also called on the media to be careful in reporting unverified allegations, noting that such a claim does not count until it is substantiated.

They believe constitutional institutions should be transparent, address any concerns and not become embroiled in political opposition.

The former judges also called on citizens to check information before taking the next step on allegations and said it is crucial they protect institutions that safeguard democratic rights.

The letter comes as the Opposition has been protesting against the resignation of Chief Election Commissioner Gyanesh Kumar and the allegations regarding the electoral-roll revision process continue. The Election Commission has insisted on the revision exercise, and opposition parties have been pushing for greater accountability and challenging how it has been handled.

ABOUT THE AUTHOR

Susmita Modak

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Always love to raise the unraised matter. In a world of worries, I am always ready to come over my comfort zone and taking the step ahead of spreading awareness.

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