On Monday(3rd June),Seven former high court judges penned a letter to President Droupadi Murmu, stressing the importance of upholding democratic norms amid electoral uncertainties. The letter highlights concerns over electoral integrity and urges strict adherence to democratic principles.
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NEW DELHI: On Monday(3rd June), A day before the counting of votes for the Lok Sabha elections, Seven former high court judges have authored a compelling open letter addressed to President Droupadi Murmu, advocating for the preservation of democratic norms in the face of looming electoral uncertainties. Released on June 3, the letter emphasizes deep concerns regarding the integrity of the electoral process and the possible consequences of a hung Parliament, urging strict adherence to established democratic principles.
The distinguished signatories of this critical correspondence encompass luminaries such as former Patna High Court judge Anjana Prakash, alongside six eminent former judges of the Madras High Court, namely G M Akbar Ali, Aruna Jagadeesan, D Hariparanthaman, P R Shivakumar, C T Selvam, and S Vimala.
Within the expansive contours of their letter, these venerable jurists articulate a fervent commitment to upholding constitutional ideals and safeguarding the essence of electoral democracy.
They assert-
“We, former judges of the high court, devoid of any political affiliations yet firmly dedicated to the principles outlined in the Constitution and the essence of electoral democracy, express our profound distress through this public letter concerning the recent developments surrounding the 2024 parliamentary elections.”
The judges highlight a significant declaration made by the Constitutional Conduct Group (CCG), consisting of former civil servants, issued on May 25. This statement echoed parallel concerns regarding the integrity of the electoral proceedings.
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In alignment with the sentiments articulated in the CCG’s declaration, the judges emphasize the seriousness of the circumstances, stressing-
“We find ourselves compelled to concur with the scenario outlined in the aforementioned statement: ‘In the event of a hung parliament, significant responsibilities will be placed upon the President of India.'”
As the nation prepares for the outcome of the fiercely contested elections, the authoritative voices of the judiciary resonate as a clear call to uphold the fundamental tenets of democracy and maintain institutional integrity. The letter not only highlights the shared concern regarding the election’s integrity but also emphasizes the necessity of adhering to established democratic standards, especially in managing the intricacies of a potentially inconclusive electoral result.
With a focus on the constitutional authority entrusted to the office of the President, the former high court judges earnestly urge President Murmu to demonstrate discretion and uphold the essence of democratic governance should a hung Parliament arise. Their plea emphasizes the crucial role that the President fulfills in safeguarding the democratic foundation of the country, especially amidst instances of electoral uncertainty.
The resonance of concern expressed by these legal luminaries reverberates across the legal and political landscape, underscoring the imperative for institutional vigilance and adherence to constitutional principles. As the nation awaits the outcome of the electoral verdict, the words of these esteemed jurists serve as a poignant reminder of the enduring values that underpin India’s democratic ethos.
The letter articulates the judges’ expectation that democratic norms will be respected.
“We are certain that she will uphold the established democratic tradition of initially extending an invitation to the pre-poll alliance that has achieved the greatest number of seats. Moreover, it is expected that she will make efforts to anticipate and prevent any potential occurrences of horse-trading…”
The former judges also directed their concerns to the Chief Justice of India, D Y Chandrachud, and the Chief Election Commissioner, Rajiv Kumar. They called upon these officials to guarantee a smooth transition of power in the event the ruling party loses its mandate. The judges voiced their apprehensions about potential constitutional crises, urging these leaders to steadfastly uphold the Constitution.
Directing their criticism towards the Election Commission, the judges expressed disapproval of its unwillingness to ensure transparency in the electoral process. In particular, they denounced the Commission’s failure to disclose the precise number of votes cast in each booth and to publicly release Form 17(C) of the Conduct of Election Rules. Additionally, the judges highlighted their concern over the inadequate action taken against hate speech directed at minorities and opposition parties by leaders of the ruling party.
The letter also emphasized the crucial role of the Supreme Court in safeguarding the Constitution. It stressed the necessity for the Court to adopt proactive measures to address any potential crises that may emerge during the vote counting and result declaration stages.
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“As citizens of a sovereign, socialist, secular, democratic republic, we, the people of India, hereby urge the Supreme Court to ensure the availability and attendance of the top five esteemed justices, even throughout the ongoing summer recess, to promptly address any constitutional crisis that may arise in the current circumstances.”
-the letter stated.
Despite their concerns, the former judges expressed optimism that their fears would not come to fruition and that the elections would proceed without incident.
“We hope that our concerns are unfounded and that the elections proceed smoothly, with the counting of votes and declaration of results conducted in a fair and transparent manner. We also hope for the formation of the parliament and the transition of power to occur seamlessly, in accordance with the people’s mandate, without any disruptions.”
– they wrote.
