Seven retired high court judges have written an open letter to President Droupadi Murmu, stressing the need to follow democratic practices by inviting the largest pre-poll alliance to form the government if the 2024 general elections result in a hung Parliament. This measure is to prevent horse-trading.
The judges also called on Chief Justice of India D Y Chandrachud and the Chief Election Commissioner to ensure a smooth transition of power if the current ruling party loses the election.
The letter, signed by six former judges of the Madras High Court—G M Akbar Ali, Aruna Jagadeesan, D Hariparanthaman, P R Shivakumar, C T Selvam, S Vimala—and former Patna High Court judge Anjana Prakash, expressed concerns over a potential constitutional crisis if the transition of power is not smooth.
The judges supported the May 25 statement by the Constitutional Conduct Group (CCG) of former civil servants, emphasizing the President's responsibility to invite the pre-poll alliance with the most seats in the event of a hung parliament, to prevent horse-trading.
The letter urged the CJI and the CEC to uphold the Constitution and ensure a smooth transition of power. The judges, who have no political affiliations but are committed to constitutional ideals, voiced their concerns over recent and ongoing issues related to the 2024 parliamentary elections.
They mentioned several troubling events that could lead to violence, echoing the concerns of civil and human rights organizations. Specific issues include the Election Commission's refusal to disclose vote counts for each booth and its minimal response to hate speech by ruling party leaders.
The letter called on the Supreme Court to be proactive and ready to address any constitutional crises that may arise during vote counting and result declaration. The judges urged the top five justices to be available during the summer vacation to respond to any emergencies.
The judges expressed hope that their concerns would be unfounded and the elections would proceed smoothly, but they emphasized the importance of preventing potential issues. They reminded all authorities and institutions of their duty to uphold the Constitution and ensure the integrity of the democratic process.
