Amid concerns about potential disruptions in the transfer of power if the NDA were to lose the General Election, a collective of seven former high court judges has penned an open letter. Addressed to key figures including the President, the Election Commission of India (ECI), the Chief Justice of India, and his fellow judges, the missive urges preparedness to safeguard the Constitution and uphold democratic principles.

“There was genuine concern about the way the General Election 2024 is being conducted by the ECI and that if the present ruling dispensation loses people’s mandate the transition of power may not be smooth and there could be a constitutional crisis,” wrote the group of former judges.

The signatories to the letter comprised Justice GM Akbar Ali, Justice Aruna Jagadeesan, Justice D Hariparanthaman, Justice PR Shivakumar, Justice CT Selvam, and Justice S Vimala. All of them are retired judges of the Madras High Court, with former Patna High Court judge Anjana Prakash also among them.

They aimed to emphasize to each authority and institution tasked with ensuring the integrity of the democratic process of government formation their essential obligation to adhere to and uphold the Constitution of India.

Nevertheless, they expressed optimism that their concerns might prove unfounded, and that the elections would conclude smoothly, with the counting of votes and announcement of results conducted fairly and honestly. They expressed a hope for the formation of parliament and the transition of power to occur in accordance with the people's mandate, without any disruptions. However, they emphasized their belief in the age-old saying "prevention is better than cure," underscoring the importance of proactive measures to avert any potential challenges.

“Several events over the past weeks are making for a very grim storyline; one that may possibly end in a violent conclusion. These are genuine apprehensions in the minds of the vast majority of our people. Reputed civil and human rights organisations and activists have also echoed the same apprehension,” said the former judges who claimed to have no political affiliations.

They noted that the Election Commission's decision to withhold the precise numbers of votes cast in each booth of every constituency, as well as the unavailability of Form 17(C) of the Conduct of Election Rules to the public, raised significant concerns. Additionally, they expressed dismay over the minimal action taken against instances of hate speech directed towards minorities and opposition parties by senior leaders of the ruling party, viewing these issues as significant points of contention.

“At this critical juncture, the Supreme Court of India, as the final authority vested with power by “We, the People” to defend and protect the Constitution and democracy, should be ready to take proactive action to prevent any potential catastrophe or to address any monstrous situations that may arise during counting and declaration of results of candidates who have contested in Lok Sabha 2024 elections, requiring immediate intervention by the Honorable Supreme Court,” the letter read.