Supreme Court Justice Ujjal Bhuyan has made significant remarks regarding the fundamental importance of voting rights in a democratic setup. Speaking at the valedictory ceremony of the 19th NALSAR-Justice BR Sahni Memorial Moot Court Competition held at the NALSAR University of Law in Hyderabad, Justice Bhuyan asserted that any process resulting in the deprivation of voting rights for millions of Indian citizens is inherently arbitrary. He emphasized that such actions effectively negate the constitutional framework of the country. These comments come at a time when political tensions are high, with various opposition parties and student organizations intensifying their demonstrations against the Special Intensive Revision (SIR) of the electoral rolls and demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar.
Constitutional Sanctity of the Vote
During his address, Justice Bhuyan, without naming any specific individual or institution, stated that the act of stripping citizens of their right to vote can't be justified under any circumstances. He remarked that if the outcome of any process is to deprive millions of Indian citizens of their right to vote, it Basically turns them into second-class citizens within their own country. He clarified that the Indian Constitution doesn't provide for two types of citizens: those with voting rights and those without. Any process that leads to such a distinction is a direct violation of Article 326 and Article 14 of the Constitution.
Justice Bhuyan further asserted that no authority has the liberty to act in such a manner, and no court can condone such actions, as no one is above the Constitution. He drew a poignant analogy, stating that the right to vote or to be included in the voter list is inseparable from an Indian citizen's identity, comparing its removal to extracting the soul from a body. He noted that once a voter's name is registered in the rolls, it can't be removed without proper notice and a hearing, except in the case of a deceased voter.
Historical Context and Basic Structure
Linking the right to vote to India's freedom struggle, Justice Bhuyan mentioned that while the Supreme Court has held in various judgments that voting is a constitutional right rather than a fundamental one, he personally views it as a central part of the Basic Structure Doctrine. He stated that this right is rooted in the long years of struggle against foreign rule and represents the hard-earned independence achieved through immense sacrifice, while he emphasized that Article 326 can't be tampered with. Highlighting the egalitarian nature of the vote, he noted that whether a person is a billionaire or a rickshaw puller, both possess a vote of equal value.
Widespread Protests and Legal Challenges
While Justice Bhuyan shared these views, political unrest continued across the country. In Delhi, left-wing student organizations and opposition parties held demonstrations at Jantar Mantar and other parts of the capital. In Mumbai, the Garjana Morcha was organized by Shiv Sena (UBT) leader Uddhav Thackeray and MNS leader Raj Thackeray, both demanding the resignation of the Chief Election Commissioner. A petition has also been filed in the Supreme Court against CEC Gyanesh Kumar regarding the SIR decisions, with a hearing scheduled for Monday.
In the national capital, the All India Students Association (AISA) continued its protest for the third consecutive day. Activists marched from the Andhra Bhavan Circle on Ashoka Road towards Jantar Mantar, raising slogans against the Election Commission and the Special Intensive Revision (SIR) process. During the protest, AISA President Neha Bora was detained by the police and later released from the Narela Industrial Area Police Station.
Political Leaders Detained
The Aam Aadmi Party (AAP) also organized protests in Delhi over alleged irregularities in the SIR process. The demonstrations reached India Gate, where workers demanded the resignation of CEC Gyanesh Kumar. According to police reports, at least 25 AAP workers were detained, including Delhi unit chief Saurabh Bharadwaj and MLA Sanjeev Jha. Saurabh Bharadwaj alleged on social media that the Delhi police handled him roughly during the detention to prevent cameras from recording the action. Sanjeev Jha stated that issues regarding voting rights can't be resolved through silence, pressure, or police action.
The Indian Youth Congress (IYC) also joined the fray, with workers marching from their office towards Jantar Mantar. They were stopped by police barricades shortly after starting. The IYC, led by President Uday Bhanu Chib, organized a torchlight procession and candle march. Chib alleged massive irregularities in the SIR process and demanded the immediate resignation of Gyanesh Kumar, vowing that the movement would continue until their demands are met.