Any process taking away Voting Rights of Millions of Citizens is Unjustifiable, No Court can condone it: Justice Ujjal Bhuyan*
Supreme Court *Justice Ujjal Bhuyan* strongly declared that any process resulting in the mass disenfranchisement of millions of citizens is _"intrinsically arbitrary"_ and a negation of the constitutional order. Speaking on October 4, 2026, during the valedictory address at the *19th NALSAR-Justice B.R. Sawhney Memorial Moot Court Competition* in Hyderabad, the judge emphasized that _"no authority can do it; no court can condone it"_.
*Context of the Remarks*
Justice Bhuyan’s statements come amid a major national controversy involving the Election Commission of India's (*ECI*) Special Intensive Revision (*SIR*) of electoral rolls.
The remarks were delivered just a day before the Supreme Court was scheduled to hear petitions challenging decisions made by *Chief Election Commissioner Gyanesh Kumar* regarding the deletion of names from voter lists.
*Key Takeaways from the Address*
• *No Classes of Citizens*: Justice Bhuyan stated that the Indian Constitution does not envisage two classes of citizens - those with voting rights and those without them.
Depriving millions of their voting rights effectively turns them into _"second-class citizens in their own country".
• *Rejection of "Whataboutery"*: He noted that _"no amount of whataboutery can justify"_ a process that strips people of their franchise.
• *Due Process Required*: He categorically asserted that, except in the case of a deceased voter, no individual's name can be removed from the electoral roll without prior notice and a fair hearing.
• *Part of the Basic Structure*: While acknowledging previous judgments labeling voting as a constitutional rather than a fundamental right, Justice Bhuyan stated that the right to vote under *Article 326* is so foundational that it forms part of the *Basic Structure of the Constitution*, meaning it cannot be tinkered with by any authority.
*Political and Legal Fallout*
Following the speech, opposition leaders and activists immediately leveraged the judge's words. Congress leader Jairam Ramesh publicly stated that Justice Bhuyan’s address _"thoroughly exposed"_ the Chief Election Commissioner, claiming the CEC had lost the moral authority to continue in office.
The Supreme Court is actively evaluating the petitions surrounding the alleged voter roll deletions.
