Trust Institutions, Defeat Governments Through Elections, Says Former SC Judge Hemant Gupta

Gupta made the remarks amid the ongoing political debate surrounding the Election Commission of India (ECI), the Special Intensive Revision (SIR) exercise and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.

Emphasising the importance of democratic processes, Gupta said electoral outcomes should be accepted and political opponents should use subsequent elections to challenge the ruling establishment.

He pointed out that different political parties had formed governments in different parts of the country through the same electoral system, arguing that this demonstrated the need to maintain public confidence in democratic institutions.

Referring to the 2024 Lok Sabha elections, Gupta questioned Congress leader Rahul Gandhi's claims of defeating the BJP, noting that the Congress had secured 99 seats and had not won a majority in the Lok Sabha.

He described such political assertions as misleading and argued that the rhetoric surrounding electoral outcomes had become increasingly contentious.

Gupta also addressed the legal safeguards governing the tenure of Election Commissioners. He said their positions were protected under the law and that they could not be removed arbitrarily, while stressing that demands for resignation were different from the legally prescribed removal process.

The former judge further objected to what he described as disrespectful language directed at Election Commissioners. Without disputing the right to criticise public officials, he called for greater civility in political discourse and said constitutional authorities should be addressed appropriately.

Reacting to a letter reportedly signed by 42 former judges expressing support for the Election Commission, Gupta warned that persistent distrust of public institutions could undermine confidence in the country's democratic framework.

He argued that citizens had established channels for addressing grievances, including the judiciary and Parliament, and cautioned against questioning the credibility of every institution for political purposes.

Gupta also commented on the demonstrations and media coverage surrounding the Election Commission in recent days, saying that developments had prompted responses from different sides of the debate.

Addressing reports about alleged differences within the poll panel or questions over the approval of certain resolutions concerning the SIR exercise, he referred to an explanation that the decisions had been unanimous.

He noted that differing opinions could emerge during deliberations before a collective decision was reached, drawing a parallel with discussions among judges before a unanimous judicial opinion was delivered.

His remarks come amid heightened political tensions over the Election Commission's functioning, with Opposition parties raising concerns about the electoral revision exercise and demanding accountability from the poll body.