Supreme Court of India Justice Ujjal Bhuyan stated that any voting rights process that disenfranchises millions of citizens is a negation of the constitutional order and violates Articles 14 and 326.
Delivering the valedictory address at the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition in Hyderabad, Justice Ujjal Bhuyan asserted that the Indian Constitution does not provide for two classes of citizens based on voting rights.
Constitutional Safeguards and Universal Adult Suffrage
Justice Ujjal Bhuyan warned that any administrative exercise resulting in widespread disenfranchisement reduces citizens to second-class status without voting rights. He termed such measures intrinsically arbitrary and incapable of justification through whataboutery.
The remarks highlight potential violations of Article 14, which guarantees the right to equality, and Article 326, which establishes universal adult suffrage. He maintained that Article 326 cannot be tinkered with under any circumstances.
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 voting rights — such a process is intrinsically arbitrary. No amount of whataboutery can justify it… It strikes at the very heart of the Constitution
Context Around Electoral Roll Revisions
The statements arrive four months after the Supreme Court unanimously upheld the Election Commission of India‘s Special Intensive Revision (SIR) of electoral rolls. The ruling in May established that the revision fell within the mandate of the poll body and that its measures were neither excessive nor disproportionate.
Recent weeks have witnessed renewed questions from Opposition parties regarding the autonomy of the Election Commission of India. In his address, the judge did not name any specific authority or exercise.
Describing the right to vote as integral to citizenship, Justice Ujjal Bhuyan compared removing a person from the voter list to extracting the soul from the body. He reiterated that, except for deceased voters, no name can be deleted from the electoral roll without prior notice and a hearing.
Frequently Asked Questions
What did Justice Ujjal Bhuyan say about voting rights?
Supreme Court Justice Ujjal Bhuyan stated that any process disenfranchising millions of citizens is a negation of the constitutional order. He noted that the Constitution does not recognize two classes of citizens and that no authority or court can condone the removal of voting rights.
When were these remarks made?
The remarks were delivered during the valedictory address at the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition at NALSAR University of Law in Hyderabad, arriving four months after the Supreme Court upheld the Election Commission’s Special Intensive Revision.
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