Any process disenfranchising millions is arbitrary: Justice Bhuyan on SIR

Justice Ujjal Bhuyan said stripping citizens of their voting rights on a large scale would strike 'at the very heart of the Constitution'

 Justice Ujjal Bhuyan has warned that any process that disenfranchises millions of Indian citizens is “intrinsically arbitrary", as controversy continues over the Election Commission’s Special Intensive Revision (SIR) of electoral rolls.

 

Speaking at an event at NALSAR University of Law in Hyderabad, Justice Bhuyan said stripping citizens of their voting rights on a large scale would strike “at the very heart of the Constitution”.

 

Justice Bhuyan on voting rights

 

Justice Bhuyan said the Constitution does not create two categories of citizens: one with voting rights and another without them. He linked the right to vote to Articles 326 and 14 of the Constitution and stressed that adult suffrage and equality are central to India’s constitutional framework.

 

Article 326 provides for elections based on adult suffrage, while Article 14 guarantees equality before the law and equal protection of the laws. Against this constitutional backdrop, Justice Bhuyan said any process that effectively leaves millions of citizens without voting rights would violate these principles.

 

He also stressed that no authority is above the Constitution and said no court could condone a process resulting in wholesale disenfranchisement. He further said no amount of “whataboutery” could justify such an outcome because it would amount to a negation of the constitutional order.

 

The remarks come amid the controversy over the Election Commission’s Special Intensive Revision (SIR) of electoral rolls, which has raised concerns over the possible exclusion of eligible voters. In Delhi, 47,56,000 names were excluded from the draft electoral roll, while another 33,13,000 electors were flagged for notices over “no mapping” or “logical discrepancies”.

 

The SIR exercise has also drawn scrutiny in West Bengal. Of the 27,16,000 electors deleted through adjudication, 22,21,000 had appealed against their exclusion, while another 16,10,000 appeals challenged the inclusion of voters, according to the Election Commission.

 

Protecting the right to vote

 

Justice Bhuyan also highlighted the close connection between citizenship and the right to vote. He said voting gives adult citizens a voice in governance and added that the Constitution does not distinguish between citizens based on their social or economic status.

 

He stressed that a voter’s name should not be removed without notice and an opportunity for a hearing, except in circumstances such as the voter's death.

 

Justice Bhuyan compared taking away a citizen’s voting rights to “taking out the soul from the body”. He also recalled BR Ambedkar’s argument that adult suffrage should be protected by the Constitution rather than being left entirely to parliamentary legislation.

 

Congress reacts to Justice Bhuyan’s remarks

 

Congress general secretary Jairam Ramesh said the judge’s comments showed that the CEC had violated the Constitution “both in letter and spirit”. Ramesh also argued that Kumar had lost the moral right to continue in office.

 

The opposition parties continue to question the SIR exercise and its impact on voters. The Election Commission, however, has maintained that its electoral-roll revision follows legal and statutory procedures.