Bhuyan Says Mass Voter Deletions Would Violate Constitution

Supreme Court Justice Ujjal Bhuyan said on October 4 that any process disenfranchising millions of Indian citizens would be arbitrary and violate the constitutional order, arguing that enrolled voters must receive notice and an opportunity to be heard before their names are removed, except in the case of deceased voters. Bhuyan made the remarks in a valedictory address at the 19th NALSAR Justice B.R. Sawhney Memorial Moot Court Competition at NALSAR University of Law in Hyderabad. He said the Constitution does not envisage two classes of citizens, those with voting rights and those without them, and that mass disenfranchisement would violate Articles 326 and 14, which concern adult suffrage and equality before the law. His comments came amid debate over the Election Commission’s Special Intensive Revision of electoral rolls and allegations that eligible voters could be removed. The reports of Bhuyan’s address do not establish that eligible voters have in fact been removed in large numbers, or how many people may have been affected. His remarks addressed the consequences of a process that disenfranchises millions, rather than documenting a specific number of deletions.