Justice Ujjal Bhuyan: Mass Disenfranchisement Arbitrary, Voter Deletion Needs Notice
In a forceful address that resonates deeply with ongoing debates over electoral roll management, Justice Ujjal Bhuyan declared that any process resulting in the disenfranchisement of millions of Indian citizens is "" and strikes at the heart of the Constitution. Speaking at the valedictory ceremony of the 19th NALSAR-Justice B.R. Sawhney Memorial Moot Court Competition, Justice Bhuyan underscored that the is not a mere statutory privilege but a flowing from , and that enrolled voters cannot be removed from the electoral roll without notice and an opportunity of hearing, except in cases of death. His remarks carry particular weight amid the controversy surrounding the ’s Special Intensive Revision exercise, which has drawn criticism for reportedly striking off millions of names from draft rolls.
: A Constitutional Cornerstone
Justice Bhuyan traced the evolution of in India, noting that the idea predated Independence. He highlighted that the had introduced a highly restricted franchise covering only about 14% of the population, with qualifications based on residence, taxation, property, literacy, community, and marital status. The , however, chose to adopt —a decision Justice Bhuyan described as a “bold experiment” and an “act of faith” in the common citizen.
Referencing Dr B.R. Ambedkar’s closing speech in the , Justice Bhuyan recalled that Ambedkar argued the and adult suffrage should be written into the Constitution rather than left to parliamentary discretion. “Therefore, it was an act of faith for our founding fathers in the common man of India and in his pragmatism and wisdom. It was the first step taken to achieve equality in India,” Justice Bhuyan said. He illustrated this by stating, “One may be a billionaire, and one may be a rickshaw puller; yet both will have their votes, and the value of their votes would be equal.”
The judge emphasised that gives every Indian citizen who has attained 18 years of age—unless disqualified on specified grounds—the entitlement to be registered as a voter. “Emphasis in is on every citizen of India,” he noted. The principle of “” reflects a facet of equality central to the Constitution.
Notice and Hearing: Non‑Negotiable Safeguards
Addressing the deletion of names from electoral rolls, Justice Bhuyan pointed to , which permits removal of an entry only after the voter has been given a . He referred to the ’s guidelines in , which mandate issuance of notice and a hearing for the affected voter. “Except in the case of a dead voter, the name of a voter once enlisted in the electoral roll cannot be deleted without notice and hearing,” Justice Bhuyan declared.
He further explained that the or to be included in the voters' list is inseparable from a person's status as an Indian citizen. “From the persona of an Indian citizen, the or right to be included in the voters list cannot be detached. It will be like taking out the soul from the body,” he said. Stressing that the Constitution does not recognise two classes of citizens—those with voting rights and those without—Justice Bhuyan warned that any process leading to wholesale disenfranchisement would violate Articles 326 and 14.
Mass Disenfranchisement: An Intrinsic Arbitrariness
Justice Bhuyan’s strongest words were reserved for processes that strip millions of their voting rights. “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 . No amount of whataboutery can justify it. It strikes at the very heart of the Constitution and I would go to the extent of saying that it is a which we have adopted under the ,” he said.
He made clear that no institution—whether executive or judicial—can condone such an outcome. “No authority can do it; no court can condone it. No one is above the Constitution,” he asserted. Linking the with India’s freedom struggle, Justice Bhuyan added, “Indian citizens’ is intertwined with India’s long years of struggle against foreign rule. It is a manifestation of our freedom achieved after so much of struggle and sacrifice. cannot be tinkered with at all.”
While the has held that the is not a fundamental right, Justice Bhuyan cited to affirm that it is a originating from . He also referenced , where the observed that the right to be a voter and to vote is of the greatest importance and forms the foundation of . In his view, “the right of an Indian citizen to cast his vote is central to the itself.”
Implications for Electoral Governance
Justice Bhuyan’s address arrives at a time when the ’s Special Intensive Revision of electoral rolls is under intense legal and political scrutiny. Although he did not specifically name the exercise, his observations on mass disenfranchisement and the necessity of procedural fairness directly challenge any administrative process that results in wholesale deletions without adequate notice. The judge emphasised that legislation regulating voting must remain within the parameters of Articles 325 and 326, and that no statute can impose disqualifications beyond those contemplated by the Constitution. “If this is true for a legislation, it is equally true, if not more, for any administrative exercise,” he added.
For legal professionals, the speech reinforces the constitutional stature of voting rights and the stringent safeguards required before any voter can be removed from the rolls. It also signals that any large‑scale deletion exercise that bypasses individualised notice and hearing could face constitutional challenge as violative of (equality) and (adult suffrage). Justice Bhuyan’s invocation of the further suggests that the may be insulated from ordinary legislative or executive curtailment.
Conclusion
Justice Ujjal Bhuyan’s valedictory address stands as a powerful reminder that democratic legitimacy rests on the unimpaired right of every citizen to participate in elections. His unequivocal condemnation of mass disenfranchisement and his reaffirmation of for voter deletions provide a robust constitutional framework for evaluating current electoral roll practices. As the debate over the Special Intensive Revision continues, his words will likely be cited in ongoing and future litigation, reinforcing the principle that the is the very essence of citizenship and cannot be sacrificed on the altar of administrative convenience.