Justice Ujjal Bhuyan Critiques Voter Disenfranchisement Process
In a recent address, Justice Bhuyan emphasized that any action leading to the disenfranchisement of citizens undermines constitutional rights.
Justice Ujjal Bhuyan asserts that voting rights are integral to the Constitution.
He highlights the importance of procedural safeguards in electoral processes.
The Supreme Court's recent rulings have raised concerns about voter exclusion.
In a significant address delivered on October 4, 2026, at the 19th NALSAR-Justice B.R. Sawhney Memorial Moot Court Competition, Supreme Court Justice Ujjal Bhuyan condemned any process that disenfranchises millions of Indian citizens. He stated that the right to vote is a fundamental aspect of the Constitution's basic structure, and any action that leads to mass disenfranchisement is inherently arbitrary and violates Articles 14 and 326 of the Constitution.
Justice Bhuyan articulated that the right to vote is not merely a statutory entitlement but a constitutional guarantee stemming from Article 326, which mandates elections based on adult suffrage. He emphasized that the Constitution does not recognize a hierarchy among citizens based on voting rights. Any process that effectively creates a class of citizens without voting rights is unconstitutional and undermines the democratic fabric of the nation.
While Justice Bhuyan did not directly reference the Election Commission of India's Special Intensive Revision (SIR) of electoral rolls, his comments come amid ongoing debates regarding the SIR exercise, which has raised alarms about the potential exclusion of eligible voters. He asserted that the right to vote is essential for free and fair elections, a core principle recognized in the Constitution. He stated, "The right of an Indian citizen to cast his vote is central to the basic structure doctrine itself."
The implications of Justice Bhuyan's remarks are significant, especially in light of recent Supreme Court judgments concerning the SIR process in states like Bihar and West Bengal. The Court has upheld the SIR exercise while rejecting petitions challenging its constitutionality, raising concerns about the exclusion of voters during the electoral process. Justice Bhuyan's emphasis on the constitutional nature of voting rights highlights the need for vigilance in protecting these rights amidst administrative changes.
Looking ahead, the ongoing discussions surrounding the SIR exercise and its impact on voter inclusion will likely continue to evolve. Justice Bhuyan's statements serve as a reminder of the importance of safeguarding the right to vote, ensuring that all citizens can participate fully in the democratic process without fear of disenfranchisement.
