'Taking Soul from Body': SC Judge Warns Against Arbitrary Voter Deletions
Justice Ujjal Bhuyan says removing names from electoral rolls without a hearing is like taking the soul from a body and violates the Constitution.
In a powerful critique of electoral processes, Supreme Court Judge Justice Ujjal Bhuyan has warned that removing a citizen's name from the electoral rolls without a fair hearing is a direct assault on India's constitutional democracy. Comparing the loss of voting rights to the removal of a soul from a body, the judge emphasized that the right to vote is inseparable from the identity of an Indian citizen.
The Core of Democracy
Speaking at the valedictory ceremony of the 19th NALSAR BRS Moot Court Competition in Hyderabad, Justice Bhuyan highlighted that the ability to vote is the bedrock of free and fair elections. He noted that while the law allows for changes to the electoral list, it must follow strict legal protocols.
"A citizen to be a voter and to vote is of the greatest importance and forms the foundation of free and fair elections," Justice Bhuyan stated. He specifically referenced Section 22 of the Representation of the People Act 1950, which governs the deletion of entries in the voters list.
Mandatory Right to be Heard
The judge clarified that the law requires a specific procedure before any name can be removed. According to Justice Bhuyan, except in the case of a deceased individual, a voter's name cannot be struck from the list without providing them a reasonable opportunity to be heard and receiving proper notice.
He expressed deep concern over any process that might lead to the mass disenfranchisement of citizens. "From the persona of an Indian citizen, the right to vote or the right to be included in the voters list cannot be detached. It will be like taking out the soul from the body," he remarked.
A Warning Against 'Second-Class' Citizenship
Justice Bhuyan pointed out a fundamental principle of the Indian Constitution: there are no tiers of citizenship. The Constitution does not recognize one class of citizens with voting rights and another class without them. He warned that any system that results in millions of people losing their right to vote is inherently arbitrary and unconstitutional.
"If any process results in disenfranchising millions and millions of Indian citizens, making them second-class citizens in their own country, in the sense of being citizens without a voting right, such a process is intrinsically arbitrary. No amount of whataboutery can justify it," he said.
The Constitution is Supreme
The judge's remarks come amidst ongoing political tension regarding the Election Commission of India (ECI) and the Special Intensive Revision (SIR) of electoral rolls. In his address, he reaffirmed that the constitutional order cannot be undermined by any authority or institution.
Justice Bhuyan concluded with a stern reminder regarding the sanctity of Article 326, which governs the right to vote. He asserted that the right to vote is a hard-won victory from India's long struggle against foreign rule and must remain untouchable. "No authority can do it. No court can endorse it or condone it. No one is above the Constitution," he declared.