SC Judge: New Delhi: Supreme Court Justice Ujjal Bhuyan stated on Sunday that any process that “deprives lakhs of Indian citizens of their right to vote” is “fundamentally arbitrary” and contrary to the constitutional order. Opposition leaders cited these remarks to target Chief Election Commissioner (CEC) Gyanesh Kumar.
Quoting Justice Bhuyan, ‘Bar and Bench’ reported: “If a process renders lakhs of Indian citizens second-class citizens in their own country, devoid of the right to vote, then such a process is fundamentally arbitrary. It cannot be justified by any argument. It strikes at the very core of the Constitution, and I would go so far as to say it amounts to a negation of the constitutional order we have adopted under the Constitution of India.”
He noted that the Constitution does not create two classes of citizens based on voting rights, adding that the large-scale disenfranchisement of voters would violate Articles 326 and 14. He stated, “No authority can do this; no court can sanction it. No one is above the Constitution.”
Regarding the removal of names from the electoral roll, Justice Bhuyan said, “Except in the case of a deceased voter, the name of a voter once included in the electoral roll cannot be removed without notice and a hearing. As an Indian citizen, the right to vote or to be on the electoral roll cannot be severed; it would be akin to separating the soul from the body.”
Congress leader Jairam Ramesh remarked that Justice Bhuyan’s comments indicate the CEC has violated the Constitution “both in letter and in spirit.” Ramesh said, “Justice Bhuyan has said much more and has completely exposed the CEC. Gyanesh Kumar has lost all moral authority to remain in office.” He added, “Sitting Supreme Court Justice Ujjal Bhuyan has been a vocal advocate for environmental protection.
Now, this courageous jurist has emphasised that the right to vote is a crucial part of the basic structure of the Constitution. This conclusively proves that the CEC, himself a constitutional functionary, has violated the Constitution, both in letter and in spirit.”
Also Read: List of the Top 10 Research Institutions in India Based on NIRF Ranking 2025
