New Delhi. Supreme Court judge Justice Ujjal Bhuyan has clarified that the voting right of citizens in India is an integral part of the basic structure of the Constitution. He said that any such process which deprives millions of citizens of their franchise would be completely arbitrary and a direct violation of Articles 14 (right to equality) and 326 of the Constitution.
Constitutional Rights: even if you vote fundamental rights It may not happen, but it is a guaranteed constitutional right under Article 326.
Emphasis on equality: It is against the Constitution to divide citizens into two categories – 'voting' and 'non-voting' and making them second class citizens.
Removal of name from voter list: No one's name (except a deceased voter) can be arbitrarily removed from the voter list without prior notice and hearing.
Suffrage is the essence of citizenship
Addressing the closing ceremony of the 19th 'NALSAR-Justice BR Sawhney Memorial Moot Court Competition', Justice Bhuyan (SC Judge Justice Ujjal Bhuyan) said that the Indian Constitution does not envisage two separate classes of citizens. If millions of Indians are barred from voting through some process, no amount of logic can justify it.
He said, suffrage citizenship Is the essence of. It is the medium through which an ordinary citizen of India can participate in the governance of the country. Article 326 gives real meaning to the principle of equality, because through voting, citizens from economically and socially different classes get equal participation in governance.
Free and fair elections are the foundation of the Constitution.
Justice Bhuiyan, citing PIL related cases, said that free and fair elections are included in the basic features of the Constitution. Law may regulate the exercise of the franchise, but any such law must remain within the limits of Articles 325 and 326 of the Constitution. A citizen's right to vote cannot be limited irrationally or unreasonably, even through any administrative process.
Name cannot be removed from voter list without proper process
Justice Bhuiyan made important legal comments on the concerns regarding deletion of names from the voter list. Referring to the 'Representation of the People Act, 1950' and the decision of the Supreme Court (SC Judge Justice Ujjal Bhuyan) in the case 'Lal Babu Hussain vs. Electoral Registration Officer', he stressed that proper legal procedure should be adopted before removing the name of the voter.
The name of any living person cannot be removed from the voter list without prior notice and opportunity of being heard. Referring to the judgment 'Anup Baranwal vs Union of India (2023), he made it clear that the right to become a voter and to vote is the foundation of free and fair elections, and no authority can arbitrarily take away this right.