Several opposition parties have written to Chief Justice of India (CJI) Surya Kant, expressing serious concern over what they described as systematic manipulation of the electoral process, alleging that in several instances, election results no longer reflected the true mandate of the electorate.
The representation has been signed by 23 opposition parties, including the Indian National Congress, Dravida Munnetra Kazhagam (DMK), Samajwadi Party (SP), Rashtriya Janata Dal (RJD), All India Trinamool Congress (AITC), Nationalist Congress Party (Sharad Pawar faction), Aam Aadmi Party (AAP), Jharkhand Mukti Morcha (JMM), Communist Party of India (CPI), Communist Party of India (Marxist), Communist Party of India (Marxist-Leninist), Indian Union Muslim League (IUML), Jammu & Kashmir National Conference (JKNC), Peoples Democratic Party (PDP), Forward Bloc and several other parties opposed to the Bharatiya Janata Party (BJP).
The parties alleged that central investigative agencies, including the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI) and the National Investigation Agency (NIA), have increasingly been used as political instruments to target opposition leaders, destabilise elected state governments, and influence electoral outcomes.
The letter, addressed to all Supreme Court judges through the CJI, also questioned the independence of the Election Commission of India (ECI), alleging that appointments to the constitutional body since 2014 have raised concerns regarding institutional impartiality.
Referring to the Supreme Court’s judgment in Anoop Baranwal v. Union of India, the parties contended that the subsequent law governing the appointment of the Chief Election Commissioner and Election Commissioners removed the Chief Justice of India from the selection committee, thereby diluting the independence envisaged by the Constitution. The legislation is presently under challenge before the Supreme Court.
The opposition parties further alleged that Chief Election Commissioner Gyanesh Kumar has displayed open support for the ruling dispensation and claimed that the ECI has failed to take action against alleged violations of the Model Code of Conduct by BJP leaders while remaining silent on inflammatory and communal campaign speeches made during election periods.
A significant portion of the representation concerned the Special Intensive Revision (SIR) of electoral rolls undertaken by the ECI before elections in states, such as Bihar, West Bengal and Tamil Nadu. According to the parties, the exercise was unnecessary, arbitrary and vulnerable to political misuse.
They questioned the ECI’s justification that the exercise was intended to identify alleged illegal Bangladeshi infiltrators, stating that no credible data has been placed in the public domain to establish that such persons had unlawfully secured voting rights.
The letter further alleged that the documentation requirements prescribed during the SIR exercise placed lakhs of genuine voters, particularly members of Scheduled Castes, Scheduled Tribes, minorities, migrant workers and economically weaker sections, at risk of disenfranchisement. It also referred to reports alleging procedural irregularities involving Booth Level Officers, including instances where forms were allegedly filled or uploaded without the knowledge or consent of voters, as well as inconsistencies relating to deceased electors.
The parties also questioned the conduct of recent Assembly elections in Delhi, Haryana and Maharashtra, alleging that the electoral process had been manipulated and failed to inspire public confidence.
Expressing concern over the integrity of the democratic process, the opposition parties stated that citizens ultimately repose their faith in the judiciary when other constitutional institutions fail to discharge their responsibilities. They cautioned that judicial inaction in matters affecting free and fair elections could undermine public confidence in constitutional governance and the rule of law.
The representation urged the Supreme Court to suspend the proposed SIR exercises in States scheduled to hold Assembly elections in 2027 and suggested that any comprehensive revision of electoral rolls should instead be undertaken when elections are several years away, enabling proper physical verification of voters rather than a documentation-based exercise.
The parties also expressed reservations regarding the continued use of Electronic Voting Machines (EVMs) and stated that restoration of paper ballots, wherever appropriate, deserved serious consideration to strengthen transparency and public confidence in the electoral process.
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