Supreme Court Justice Ujjal Bhuyan has voiced strong criticism against any process that would deny voting rights to millions of Indian citizens, stating it would be “intrinsically arbitrary” and undermine the core principles of the Constitution. Justice Bhuyan delivered his remarks at the valedictory ceremony of the 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition at NALSAR University of Law in Hyderabad.
His comments come amidst ongoing controversy surrounding the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls. While the Supreme Court had previously upheld the constitutionality of the SIR exercise in May, it clarified that the ECI’s role is to determine eligibility for electoral roll inclusion, not citizenship status.
No Second-Class Citizens: A Constitutional Imperative
Justice Bhuyan emphasized that the Indian Constitution does not envision two categories of citizens: those with voting rights and those without. He asserted that such widespread disenfranchisement would violate Articles 326 and 14, which relate to adult suffrage and equality before the law, respectively.
“If any process results in disenfranchising millions and millions of Indian citizens, making them second-class citizens in their own country in the sense of being citizens without a voting right, such a process is intrinsically arbitrary,” Justice Bhuyan stated. He added, “No amount of whataboutery can justify it.”
The judge highlighted the fundamental nature of the right to vote, linking it to India's struggle for independence and its role as the foundation of free and fair elections. He stressed that Article 326, which guarantees universal adult franchise, cannot be altered by any authority or court.
Safeguarding Voter Lists: The Representation of the People Act
Justice Bhuyan also referred to Section 22 of the Representation of the People Act, which stipulates that a voter’s name cannot be deleted from electoral rolls without proper notice and an opportunity to be heard, except in cases of deceased individuals. He likened detaching the right to vote from an Indian citizen to “taking out the soul from the body.”
Concluding his address, Justice Bhuyan quoted US judge Justice Felix Frankfurter, saying, “Democracy is always a beckoning goal, not a safe harbour; for freedom is an unremitting endeavour, never a final achievement.” He posed a poignant question: “What is the worth of a citizen without his/her voting rights?”