Justice Bhuyan warns mass voter deletions could violate constitutional guarantees
Supreme Court judge Justice Ujjal Bhuyan has said any process that removes millions of people from electoral rolls and leaves them without voting rights would be arbitrary and contrary to constitutional guarantees. His remarks came amid protests over the Election Commission’s Special Intensive Revision exercise.
Supreme Court judge Justice Ujjal Bhuyan has warned that any process resulting in the mass disenfranchisement of citizens would be arbitrary and contrary to the Constitution. Speaking at NALSAR in Hyderabad on Sunday, Justice Bhuyan said removing millions of people from electoral rolls could make them “second class citizens” without voting rights. He said such an outcome would violate the constitutional guarantees of universal adult suffrage and equality under Articles 326 and 14.
His comments came amid student and youth protests seeking the resignation of Chief Election Commissioner Gyanesh Kumar. The source material says the Election Commission’s Special Intensive Revision has so far resulted in the deletion of approximately 13.3 crore voters from electoral rolls. Justice Bhuyan said no explanation could justify wholesale exclusion of voters.
He described the right to vote as more than a statutory entitlement, placing it within the constitutional framework of the basic structure. Citizenship and the franchise, he said, were closely connected because voting is the ordinary citizen’s means of participating in governance. He also argued that no authority or court could interfere with universal adult suffrage.
Except in the case of a dead voter, he said, an entry should not be deleted from an electoral roll without notice and an opportunity to be heard. The judge referred to the limited franchise under the Government of India Act, 1935, when voting depended on conditions including residence, taxation, property, literacy, community and marital status. He said the Constituent Assembly rejected those restrictions when it adopted universal adult suffrage.
Justice Bhuyan emphasised that voting rights must have equal value regardless of wealth, occupation or social status. His remarks echo concerns earlier raised by former Supreme Court judge Rohinton F. Nariman about voter exclusions and delays in deciding appeals.
The statements add constitutional weight to the ongoing debate over the electoral-roll revision process.
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