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Justice Bhuyan Warns Mass Disenfranchisement Threatens Constitution
Justice Ujjal Bhuyan said that taking voting rights away from many people would be unfair and harmful to India’s Constitution.
He said the Constitution promises equality and voting rights to adult citizens.
He did not name a particular voter-list exercise or official in his speech.
The remarks came after the Supreme Court had upheld the Election Commission’s voter-list revision process.
Congress used Bhuyan’s comments to criticize Chief Election Commissioner Gyanesh Kumar and call for him to leave office.
The Election Commission has said its decisions follow the law.
The articles describe Bhuyan’s speech as a broad statement, while Congress applied it to the current dispute over voter-list changes.
Supreme Court Justice Ujjal Bhuyan said any process disenfranchising millions would be arbitrary and undermine the constitutional order.
He linked voting rights to constitutional guarantees of equality and universal adult suffrage under Articles 14 and 326.
Bhuyan did not identify a particular exercise or authority, and said voters’ names generally should not be deleted without notice and a hearing.
The Supreme Court had unanimously upheld the Election Commission’s Special Intensive Revision of electoral rolls in May, finding its measures within the poll body’s mandate and not disproportionate.
Congress cited Bhuyan’s remarks to demand Chief Election Commissioner Gyanesh Kumar’s departure; the Election Commission has said its orders follow statutory procedures.
- Who
- Supreme Court Justice Ujjal Bhuyan; Congress also cited his remarks to criticize Chief Election Commissioner Gyanesh Kumar.
- What
- Bhuyan warned that a process disenfranchising millions would be arbitrary and contrary to the constitutional order.
- Where
- NALSAR University of Law, Hyderabad.
- When
- Sunday; the articles do not specify the calendar date.
- Why
- Bhuyan said voting rights are connected to constitutional equality and universal adult suffrage.
Congress and critics
Election Commission and court ruling
Meaning of the voter-list revision
Congress and critics
Congress used Bhuyan’s warning about mass disenfranchisement to argue that Chief Election Commissioner Gyanesh Kumar had violated the Constitution and should leave office.
Election Commission and court ruling
The Supreme Court unanimously upheld the Special Intensive Revision, ruling that it fell within the Election Commission’s mandate and that its measures were not excessive or disproportionate.
Election Commission decisions
Congress and critics
Congress cited reports that two election commissioners had repeatedly objected to SIR decisions and orders issued without their knowledge or recommendation.
Election Commission and court ruling
The Election Commission said differing views are part of institutional deliberations and that its orders have legal sanction and follow established statutory procedures.
Key facts
- Speaker
- Justice Ujjal Bhuyan of the Supreme Court
- Event
- Valedictory address at the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition
- Constitutional provisions cited
- Articles 14 and 326
- Voter-list exercise
- The Election Commission of India’s Special Intensive Revision (SIR)
- Supreme Court ruling
- In May, the Court unanimously upheld the SIR, finding it within the Election Commission’s mandate and its measures not excessive or disproportionate.
- Congress response
- The party said Gyanesh Kumar had lost the moral right to remain Chief Election Commissioner.
- Election Commission response
- The commission said differing views are part of institutional deliberations and its orders carry legal sanction and follow statutory procedures.
Quotes
Justice Ujjal Bhuyan
A judge of the Supreme Court of India
“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 a voting right, such a process is intrinsically arbitrary. No amount of whataboutery can justify it.”
NDTV
telegraphindia.com
“Justice Bhuyan has said much more and has exposed the CEC lock, stock and barrel. Gyanesh Kumar has simply lost all moral right to continue in office.”
telegraphindia.com
Sources
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