Justice Bhuyan's Ruling on Electoral Rights
Supreme Court Justice Ujjal Bhuyan has issued a strong statement regarding the integrity of India's electoral process, declaring that any mechanism leading to the mass disenfranchisement of citizens is a fundamental violation of the constitutional order.
Speaking at the valedictory address of the 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition at NALSAR University of Law, Justice Bhuyan argued that the Indian Constitution does not recognize two classes of citizens: one with voting rights and another without. He stated that creating "second-class citizens" by stripping them of their voting rights is intrinsically arbitrary.
Constitutional Framework and Basic Structure
The Justice clarified that the right to vote is not merely a statutory privilege granted by parliamentary legislation, such as the Representation of the People's Act, 1951. Instead, he positioned it as a distinct constitutional right that forms an integral part of the basic structure of the Constitution.
Citing previous Supreme Court orders, Justice Bhuyan noted that the right to vote cannot be divorced from the mandate of Article 326. He emphasized that this right is intertwined with India's struggle for independence and represents the freedom achieved through years of sacrifice.
"It strikes at the very heart of the Constitution... it is a negation of the Constitutional order which we have adopted based under Constitution of India," he said.
Procedural Safeguards for Voters
Addressing the procedural aspects of electoral rolls, Justice Bhuyan pointed out that Section 22 of the Representation of the People's Act permits the deletion of an entry only after the voter has been given a reasonable opportunity to be heard.
He referenced Supreme Court guidelines stating that, except in the case of a deceased person, a voter's name cannot be deleted from the electoral roll without prior notice and a hearing. He described the right to be included in the voters' list as inseparable from the persona of an Indian citizen, likening its removal to "taking out the soul from the body."
No Authority Above the Constitution
Justice Bhuyan was unequivocal in stating that no authority, including the judiciary, can endorse or condone the removal of voting rights. "No one is above the Constitution," he asserted.
He further quoted US Judge Frankfurter, who viewed the role of the citizen as the highest office in a democracy, and noted that democracy is a continuous endeavor rather than a final achievement. The Justice concluded by asking, "What is the worth of a citizen without his/her voting rights?"