Former High Court Judges Raise Concerns Over Lok Sabha Election Conduct

On Monday, seven former high court judges issued an open letter expressing their concerns regarding the conduct of the upcoming Lok Sabha elections. Addressed to President Droupadi Murmu, Chief Justice of India DY Chandrachud, and Chief Election Commissioner Rajiv Kumar, the letter underscores apprehensions about the election process and potential constitutional crises.

Signatories and Their Background

The signatories include:

• Former Madras High Court judges GM Akbar Ali, Aruna Jagadeesan, D Hariparanthanam, PR Shivakumar, CT Selvam, S Vimla
• Former Patna High Court judge Anjana Prakash

They clarified that they have no affiliations with any political party.

Core Concerns

1. Election Conduct and ECI’s Role: The judges conveyed concerns about how the General Election 2024 is being managed by the ECI. They cited widespread apprehensions among the public and civil rights organizations about the fairness and transparency of the elections.
2. Fairness and Transition of Power: The letter raised doubts about the smooth transition of power if the ruling dispensation loses the mandate. It warned of a potential constitutional crisis, emphasizing the ECI’s reluctance to address violations.
3. Hate Speech and Election Integrity: The judges criticized the ECI for allegedly minimal action against hate speech targeting minorities and opposition parties. They referenced a recent controversy over the number of votes cast at each polling booth as evidence of the ECI’s failure to ensure election integrity.
4. Role of the President in a Hung Parliament: In the event of a hung parliament, the letter highlighted the crucial role of the President in inviting the pre-poll alliance with the largest number of seats and preventing horse-trading.

Appeal to the Supreme Court

The judges urged the Supreme Court to remain vigilant and ready to take proactive measures to protect the Constitution and democracy. They called for the presence of the top five justices, even during the court’s vacation, to address any urgent issues arising from the election results.

Hope for a Smooth Election Process

Despite their concerns, the former judges expressed hope that the elections would proceed smoothly, with fair counting of votes, honest declaration of results, and a seamless transition of power reflecting the people’s mandate.

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