Former Supreme Court judge Hemant Gupta on Friday, 9 October called on citizens to repose faith in constitutional institutions, asserting that those unhappy with any government should channel their dissent through the ballot box rather than delegitimising the system after electoral defeats.

Key Remarks on Electoral Losses and Street Rhetoric

Speaking to reporters, Gupta was unambiguous in his message. 'My point would be that you should trust institutions. You may have issues with the governments, elections will come, and you can defeat them then. It is simple. But when you fail to win, claiming that only what you say on the streets is correct is wrong. That is not how a system works,' he said.

He pointed out that opposition parties had managed to form governments in several states through the very same electoral framework, while other parties had done so elsewhere — undermining, in his view, the argument that the system itself was rigged.

Gupta Questions Congress's Post-2024 Narrative

Recalling the 2024 Lok Sabha elections, the former judge took aim at remarks by Leader of Opposition Rahul Gandhi, who had claimed that the Indian National Congress (INC) had 'defeated' the Bharatiya Janata Party (BJP). Gupta contested that framing directly, noting that Congress had won 99 seats — well short of a majority. 'That statement was misleading back then, and today the rhetoric is even more misleading,' he said.

On the Security of Election Commissioners' Tenure

Gupta also weighed in on the controversy surrounding the Election Commission of India (ECI), emphasising that an Election Commissioner's tenure carried statutory protection comparable to that of a judge. 'An Election Commissioner's tenure is as secure as that of a judge; they can only be removed through impeachment, not arbitrarily. Anyone can demand a resignation, but some individuals use extremely offensive language,' he said.

He took particular exception to what he described as disrespectful language being used against commissioners, including an informal truncation of a commissioner's name. 'Referring to someone disrespectfully as 'Gyanu' is unacceptable. Would anyone address their own father in such a manner? Even if one chooses not to use honorifics like 'Shri' or 'Ji', they should at least address them properly by name,' he said.

Manufactured Distrust and the Letter by 42 Former Judges

Reacting to a letter signed by 42 former judges in support of the Election Commission, Gupta warned that institutional distrust, if allowed to fester, could erode public confidence in the entire governance architecture. 'If we don't trust institutions, the nation's trust collapses. We approach the court with every grievance, and Members of Parliament raise issues in Parliament. If you start disbelieving every institution, where will the system go? This is a manufactured distrust created to serve political ends,' he said.

He also addressed reports of alleged internal differences within the ECI over certain Special Intensive Revision (SIR) resolutions, noting that a counter-explanation had since emerged stating that all decisions were unanimous. 'During discussions, different views naturally emerge, just like in court, before a unanimous opinion is reached,' he said. This comes amid a broader public debate, with Gupta acknowledging that 'over the last two or three days, there has been a lot of movement, demonstrations and a public narrative in the media' — making a counter-response, in his assessment, inevitable.