42 retired judges defend Election Commission amid SIR row in open letter: 'Calculated campaign without evidence'

A group of 42 retired judges has backed the Election Commission of India (ECI), rebutted opposition criticism of the electoral body and upheld the special intensive review (SIR) of electoral rolls as a legal process.

In an open letter addressed to the “people of India”, the former judges of the Supreme Court, along with former chief justices and judges of various high courts, said they were not speaking in support of any political party. However, they felt the need to voice their concerns because “silence is no longer a neutral option.”

Retired judges have argued that India’s constitutional institutions are facing a “sustained attack”, with the Election Commission the main target of criticism.

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They supported the Election Commission and termed the Special Intensive Review (SIR) of electoral rolls as a lawful process. They also called the accusations against constitutional institutions a “campaign without evidence”.

They said criticism of institutions was a democratic right, but warned that unfounded public accusations and smears were beyond legitimate scrutiny. They said they felt compelled to speak out because “silence is no longer a neutral option.”

The retired judges said the Election Act provides provisions for the Election Commission to revise electoral rolls whenever needed. They cited previous revisions as a precedent for the exercise.

INDIA bloc leaders have alleged that Kumar is manipulating electoral rolls in favor of the BJP and have called for his resignation. The BJP and the Election Commission have denied the allegations.

Yes. The retired judges said there have been several revisions of the electoral roll since India’s first general election, with the last exercise before the current one taking place around two decades ago.

According to news agency PTI, the signatories in the letter dated October 7 said: “Even the higher judiciary, which we hold in high esteem, and the statutory bodies have not been spared.”

The former judges said questioning constitutional institutions was part of democratic discourse, but expressed concern that authorities were increasingly being labeled “thieves”, “puppets” and “compromised” without these claims being proven in court.

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Former judges have also expressed concern about criticism directed at other institutions. “Not even the higher judiciary, which we hold in high esteem, and the statutory bodies were spared,” the letter reads.

“Campaign Without Evidence”

According to them, the criticism went beyond legitimate scrutiny and took the form of a “calculated campaign” driven by vested political interests. They warned that such attacks could have serious consequences for “destabilizing the world’s largest democracy”.

Retired judges termed the allegations against the Election Commission and other constitutional institutions as an “evidence-free campaign”.

While acknowledging that questioning institutions is part of democratic rights, they said such criticism should not turn into public attacks. “Criticism of institutions is a democratic right. Denigration is not. Constitutional bodies are now being called ‘thieves’, ‘puppets’ and ‘compromised’ from public platforms,” they said.

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In defense of the SIR, the former judges pointed to the provisions of the Electoral Act that allow the Election Commission to revise the electoral rolls whenever necessary.

They also noted that such revisions have been done several times since India’s first general elections, with the last exercise taking place roughly two decades ago.

“No one called the revisions a conspiracy,” they said.

INDIA block protests against CEC Gyanesh Kumar

Leaders of the INDIA opposition bloc have alleged that Chief Election Commissioner (CEC) Gyanesh Kumar is manipulating electoral rolls in favor of the BJP and have called for his resignation. Both the BJP and the Election Commission have denied the allegations.

Protests intensified in Delhi on Tuesday as MPs from the INDIA bloc marched out of Parliament while Congress leader Rahul Gandhi staged an eight-hour sit-in at Akashvani Bhawan. Demonstrations moved to nearby Jantar Mantar on Wednesday, where Gandhi and other opposition leaders staged a street protest against Kumar before being detained by police later in the evening.

Thursday was the third day of protests in the state capital, with senior opposition leaders continuing their agitation against the Election Commission.

(With inputs from news agencies)