“Criticism Is a Right, Denigration Is Not”: Ex-Judges’ Letter Backs ECI Amid CEC Protests

The ex-judges warn that a sustained campaign against constitutional bodies could erode trust in India's democracy

October 8, 2026

42 EX-JUDGES SPEAK: What the Open Letter Says

Open letter dated October 7 calls the agitation a “calculated campaign driven by vested political interests”

A group of 42 former judges and retired holders of constitutional offices has issued an open letter expressing concern over what they describe as a “sustained campaign” against India’s constitutional institutions, including the Election Commission of India (ECI) and the judiciary. The letter, dated October 7, comes amid protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

What the letter says

The signatories wrote that India’s constitutional bodies are “under sustained attack,” adding that in moments like these “silence is no longer a neutral choice.” They said criticism of institutions is a democratic right but that denigration is not, and described the agitation against Kumar as appearing 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.”

The letter specifically challenged allegations of “vote theft,” saying such claims were being made at press conferences rather than before courts. It recalled that the Election Commission had asked for a sworn declaration in support of the allegations, which was never filed. The signatories also questioned what they called selective criticism of electronic voting machines after electoral defeats, and warned that repeatedly calling institutions “thieves” or “compromised” could erode public trust. “Trust is the currency of democracy,” the letter said, cautioning that attempts to delegitimise elections could fuel unrest and embolden “anarchic elements.” It urged political parties, the media and citizens to defend constitutional bodies.

The dispute behind it

The letter lands in the middle of a heated confrontation over the ongoing Special Intensive Revision (SIR) of electoral rolls. Opposition parties, led by Congress leader Rahul Gandhi, have alleged “vote theft” and argued that the exercise affects voters’ rights, a charge the Election Commission rejects, describing the SIR as a legitimate administrative process to revise electoral rolls. The Supreme Court upheld the legal validity of the SIR in May 2026.

Pressure on Kumar has intensified in recent weeks. An Indian Express report said two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, had formally recorded objections to Commission decisions on at least 14 occasions over ten months, which the Commission has said reflects normal deliberation, adding that all full-Commission decisions were unanimous. The Cockroach Janta Party has demanded Kumar’s resignation and threatened nationwide protests, and the Supreme Court recently issued notice on a petition seeking his suspension while declining an interim order based on a news report alone.

Reaction

The opposition has not been quoted in the reports reviewed responding directly to the letter. Opposition leaders have maintained that their allegations concern the integrity of voter rolls and the Commission’s decision-making, while the Election Commission has maintained that its processes are lawful and transparent.

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