'Strikes at heart of Constitution': SC judge on voter deletions
What's the story
Justice Ujjal Bhuyan of the Supreme Court has expressed concern over the potential disenfranchisement of millions of Indian citizens. He was speaking at the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition in Hyderabad, where he earlier served as chancellor. "If any process results in disenfranchising millions and millions of Indian citizens...such a process is intrinsically arbitrary...It strikes at the very heart of the Constitution," he said. He maintained that "no authority can do it; no court can condone it".
Constitutional order
Bhuyan links voting rights to Constitution
Justice Bhuyan stressed that no authority or court can take away the right to vote without due process.
He said, "The Indian Constitution does not provide for two classes of citizens: citizens with voting rights and citizens without voting rights."
He argued that any such action would violate Articles 14 and 326 of the Constitution, which guarantee equality and universal adult suffrage, respectively.
Recent controversy
Supreme Court ruling on electoral rolls
Justice Bhuyan's comments come after a recent Supreme Court ruling on the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls.
The court had upheld the ECI's mandate, stating that measures taken were not excessive or disproportionate.
However, opposition parties have raised concerns over the exclusion of around 13 crore names from draft rolls during this process.
Historical significance
Voting right linked to India's struggle against colonial rule
Justice Bhuyan also linked the right to vote with India's struggle for freedom from colonial rule.
He said, "Indian citizens' right to vote is intertwined with India's long years of struggle against foreign rule. It is a manifestation of our freedom achieved after so much of struggle and sacrifice."
He quoted jurist Nani Palkhivala's 1979 convocation address at the University of Madras: "Freedom cannot be inherited in the bloodstream. Each generation will have to defend it and fight for it."
Democratic values
'Act of faith' in the common man'
Justice Bhuyan also cited US Supreme Court judge Felix Frankfurter on democracy being a "beckoning goal" and not a "safe harbor."
He reiterated that while voting is not a fundamental right, it is recognized as a constitutional right in India.
He called universal adult franchise an "act of faith" in the common man by the Constitution-framers.