Archive · 5 Oct 2026
Justice Bhuyan Warns Mass Disenfranchisement Threatens Constitutional Order
Justice Ujjal Bhuyan said that taking voting rights away from millions of people would be unfair and would go against 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.
He also said that, except for a deceased voter, someone’s name should not be removed from a voter list without notice and a chance to be heard.
The Supreme Court had earlier upheld the Election Commission’s voter-list revision process.
Congress used Bhuyan’s remarks to demand that Chief Election Commissioner Gyanesh Kumar leave office.
Congress also accused him of acting unlawfully, while the Election Commission said its orders follow legal procedures.
Bhuyan’s remarks were about the constitutional importance of voting, rather than a named exercise.
Supreme Court Justice Ujjal Bhuyan said a process disenfranchising millions would be arbitrary and contrary to the constitutional order.
Bhuyan linked voting rights to equality and universal adult suffrage under Articles 14 and 326, and said voter-list deletions generally require notice and a hearing.
He did not name a specific exercise or authority; the Supreme Court had upheld the Election Commission’s Special Intensive Revision in May.
Congress cited his remarks to demand Chief Election Commissioner Gyanesh Kumar’s resignation or removal, making allegations about his conduct.
The Election Commission said differences among commissioners are part of institutional deliberations and its orders follow statutory procedures.
- Who
- Supreme Court Justice Ujjal Bhuyan; Congress leaders Jairam Ramesh and Prithviraj Chavan; Chief Election Commissioner Gyanesh Kumar.
- What
- Bhuyan warned against mass disenfranchisement; Congress cited his remarks to demand Kumar’s resignation or removal.
- When
- Bhuyan spoke on Sunday; Congress renewed its demands on Monday. The articles do not specify calendar dates.
- Where
- NALSAR University of Law, Hyderabad.
- Why
- Bhuyan said voting rights are tied to constitutional equality and universal adult suffrage; Congress argued his remarks supported its criticism of the CEC.
Congress and critics
Election Commission and court ruling
SIR and disenfranchisement
Congress and critics
Congress cited Bhuyan’s warning to argue that the CEC had violated the Constitution and should leave office; opposition parties have criticized the SIR.
Election Commission and court ruling
The Supreme Court unanimously upheld the SIR in May, finding it within the Election Commission’s mandate and its measures not excessive or disproportionate.
CEC’s conduct and Commission decisions
Congress and critics
Congress leaders alleged Kumar acted unlawfully and pointed to reported objections by two election commissioners to SIR-related decisions and orders.
Election Commission and court ruling
The Election Commission said differing views are part of institutional deliberations and that its orders follow established statutory procedures.
- Speaker
- Supreme Court Justice Ujjal Bhuyan
- Event
- Valedictory address at a NALSAR moot court competition in Hyderabad
- 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 poll body’s mandate and its measures not excessive or disproportionate.
- Congress demand
- Congress called for Gyanesh Kumar to resign or be removed, alleging violations of the Constitution and election-related law.
- Reported commissioner objections
- A report cited in the articles said Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi objected on record at least 14 times over 10 months to SIR-related decisions or orders.
- Election Commission response
- The Commission said differing views are part of institutional deliberations and its orders carry legal sanction and follow statutory procedures.
