Seven former high court judges on Monday urged the Supreme Court and President Droupadi Murmu to adopt a “proactive” role in stemming a “constitutional crisis” that they fear might arise if the BJP-led NDA government loses people’s mandate.

“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. There was genuine concern about the way the General Election-2024 is being conducted by the Election Commission of India (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,” the letter, which was also addressed to the Chief Justice of India D.Y. Chandrachud and the Election Commission, stated.

According to the letter, the Supreme Court, which is vested with the power to protect the Constitution and democracy, should be ready to take proactive action to prevent any potential catastrophe or address any situation that may arise during the counting of votes and declaration of Lok Sabha election results.

“Now therefore ‘We, The People of India,’ as Citizens of a Sovereign, Socialist, Secular, Democratic Republic hereby call upon the Supreme Court to ensure presence and attendance of the top five esteemed Justices of the Supreme Court even during the period of the ongoing summer vacation and be available to respond in the event of any constitutional crisis that might emerge in the present situation,” the seven former judges wrote in the letter.

They added: “We hope that our apprehensions are wrong and the elections would end smoothly with counting of votes and declaration of results done in a fair and honest manner and formation of Parliament as well as transition of power taking place as per the mandate of the people without a hiccup. Nevertheless, the undersigned believe in the old adage — ‘prevention is better than cure!’”

The letter assailed the current Election Commission’s credentials in conducting the general election.

It referred to the open statement issued by the Constitutional Conduct Group (CCG) of former civil servants on May 25 wherein it stated: “…During the 2024 general elections, concerns have been raised at many points about the fairness of the elections… It pains us to say that no Election Commission in the past has been as reluctant as the present one to discharge its duties, despite violations being repeatedly brought to its attention by responsible organisations and respected members of society.

“The Election Commission’s refusal to disclose the exact numbers of votes cast in each booth of every constituency and to make Form 17(C) of conduct of election rules available to the public, along with the minimal action taken against hate speech targeting minorities and opposition parties by senior leaders of the ruling party, are major concerns.”

The former judges said they were “constrained to agree with the scenario envisaged in the above statement”.

“In the event of a hung Parliament, onerous responsibilities will be placed upon the shoulders of the President of India. We are sure that she will follow the established democratic precedent of first inviting the pre-poll alliance that garnered the largest number of seats. Also, that she would endeavour to pre-empt the possibilities of horse-trading…,” the letter stated.

The letter had been jointly authored by five ex-judges of Madras High Court and one former Patna High Court judge.