Imagine waking up one day to find your name missing from the voters list. You lose your voice in choosing your leaders. You become a second-class citizen in your own country. Supreme Court Judge Justice Ujjal Bhuyan recently warned against this exact danger.
The Core Message: Voting Rights Cannot Be Taken Away
Speaking at the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition in Hyderabad, Justice Bhuyan delivered a strong warning. He stated that any administrative process that strips millions of Indians of their voting rights is intrinsically arbitrary.
According to the report, Justice Bhuyan emphasized that no amount of whataboutery can justify taking away a citizen’s vote. Such actions strike at the very heart of the Indian Constitution and negate our democratic order. He noted that the Constitution does not create two separate classes of citizens—one with voting rights and one without.
What The Law Says: Articles 14 and 326
When legal rights are discussed, constitutional backing is crucial. Justice Bhuyan specifically pointed out two key provisions of the Constitution of India:
- Article 326: This article guarantees elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage. Every citizen who is a legal adult has a right to register and vote.
- Article 14: This guarantees the right to equality before the law and equal protection of the laws. Arbitrary actions by any authority violate this fundamental right.
The judge noted that wholesale disenfranchisement violates both of these vital constitutional articles. No authority in the country has the power to bypass them, and no court can condone such actions. Everyone remains bound by the Constitution.
Strict Rules For Deleting Voter Names
On the sensitive issue of removing names from electoral rolls, Justice Bhuyan drew a clear red line. He stated that except in the case of a dead voter, no name can be deleted from the voters list without proper notice and a fair hearing.
Removing a citizen’s right to be included in the voters list is just like taking the soul out of the human body. He stressed that voting is tied directly to India’s hard-fought independence struggle. It represents the ultimate sacrifice made by our freedom fighters.
Why This Matters For You
In a democracy, political equality remains a powerful equalizer. Justice Bhuyan reminded the audience of the vision of our founding fathers. Whether a person is a billionaire or a rickshaw puller, both hold a vote, and the value of each vote remains equal.
While the Supreme Court has previously classified voting as a constitutional right rather than a purely fundamental right, Justice Bhuyan views it as central to the basic structure doctrine. Without the right to vote, a citizen loses their primary tool to hold the government accountable.
Takeaway: Your right to vote is a sacred constitutional shield that cannot be taken away through arbitrary actions or lack of proper legal procedure.
Story reported by Barandbench. This article is BareLaw’s independent explanation and analysis.
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