Archive · 6 Oct 2026
Former CJI and Judges Challenge Bhuyan's Remarks on Electoral Rolls
Justice Ujjal Bhuyan spoke about changes to India’s voter lists at a university event.
He said a process that takes voting rights from millions would be unfair and against the Constitution.
Former Chief Justice B R Gavai said a sitting judge should not publicly discuss a matter that is still before the Supreme Court.
Two retired judges also criticised Bhuyan’s comments.
S N Dhingra said Bhuyan did not know all the facts.
R S Sodhi said the law sets the rules for who can vote and how voter-list changes should be handled.
Bhuyan also said the Constitution does not create two classes of citizens based on voting rights.
The Supreme Court has not yet decided petitions about the voter-list revision and related matters.
Justice Ujjal Bhuyan said a process disenfranchising millions would be arbitrary and contrary to the constitutional order.
Former Chief Justice of India B R Gavai said judicial propriety bars a sitting judge from commenting on a matter pending before the Supreme Court.
Retired Delhi High Court judges S N Dhingra and R S Sodhi also criticised Bhuyan’s public remarks.
Dhingra said Bhuyan did not know the full facts; Sodhi argued voting eligibility depends on statutory requirements and procedure.
Petitions concerning the electoral-roll revision and a law excluding the CJI from the Election Commissioners’ selection panel remain pending before the Supreme Court.
- Who
- Supreme Court Justice Ujjal Bhuyan, former Chief Justice of India B R Gavai, and retired Delhi High Court judges S N Dhingra and R S Sodhi.
- What
- Gavai, Dhingra and Sodhi criticised Bhuyan’s comments on the Special Intensive Revision of electoral rolls, including his description of it as disenfranchisement.
- When
- Bhuyan spoke on Sunday; the criticism was reported on Monday. The articles do not specify the dates.
- Where
- Bhuyan spoke at NALSAR University of Law; related petitions are pending before the Supreme Court of India.
- Why
- The electoral-roll revision is before the Supreme Court, and the critics argued that a sitting judge should not comment publicly on a matter pending before the same court.
Bhuyan’s constitutional concerns
Critics’ objections
Effect of electoral-roll revision
Bhuyan’s constitutional concerns
Bhuyan said a process that disenfranchises millions is arbitrary and contrary to the constitutional order, and that the Constitution does not create two classes of citizens based on voting rights.
Critics’ objections
Sodhi argued that voting rights depend on statutory requirements and that eligibility and roll changes should be assessed through the prescribed legal process.
Public comments by a sitting judge
Bhuyan’s constitutional concerns
Bhuyan publicly raised concerns about the effects of the SIR while related matters are pending.
Critics’ objections
Gavai and Dhingra said a sitting judge should not publicly comment on an issue awaiting adjudication before the same court.
- Issue
- Special Intensive Revision (SIR) of electoral rolls
- Bhuyan’s position
- He said a process disenfranchising millions would be intrinsically arbitrary and a negation of the constitutional order.
- Gavai’s position
- He said judicial propriety does not permit a sitting judge to comment on a matter sub judice before the court.
- Other critics
- Retired Delhi High Court judges S N Dhingra and R S Sodhi
- Dhingra’s response
- He said Bhuyan’s remarks went beyond the limits of a sitting top court judge and that Bhuyan did not know the full facts.
- Sodhi’s argument
- He said voting eligibility depends on statutory requirements and that electoral-roll changes should follow the law.
- Pending cases
- Petitions concern the SIR exercise and the validity of a law excluding the CJI from the Election Commissioners’ selection panel.
- Venue
- The 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition at NALSAR University of Law
Sources
EC-Former CJI Gavai Faults Bhuyan’s Voting Remarks
‘Sitting SC judge should not comment on pending matter’: Former CJI Gavai on Justice Bhuyan’s SIR remarks
Ex-CJI BR Gavai and former judges slam SC judge Ujjal Bhuyan’s remarks on EC
