- Justice Bhuyan called disenfranchising citizens' voting rights intrinsically arbitrary.
- Voting rights are integral to the Constitution's basic structure, he asserted.
- Congress demands CEC Gyanesh Kumar's resignation after Justice Bhuyan's remarks.
SIR Row: Supreme Court Justice Ujjal Bhuyan, while addressing the 19th NALSAR-Justice BR Sawhney Memorial Moot Court Competition 2026, said that disenfranchising millions of Indian citizens and making them second-class citizens in their own country in the sense of being citizens without voting rights is intrinsically arbitrary and strikes at the very heart of the Constitution.
“If any process results in this, disenfranchising millions and millions of Indian citizens, making them second-class citizens in their own country in the sense of being citizens without voting rights. Such a process is intrinsically arbitrary. No amount of whataboutery can justify it. It strikes at the very heart of the Constitution,” Justice Bhuyan is heard saying in a video surfaced on social media.
Justice Ujjal Bhuyan’s remarks on voting rights spark fresh political row
— Sowmith Yakkati (@YakkatiSowmith) October 4, 2026
Speaking at NALSAR University in Hyderabad, Supreme Court Justice Ujjal Bhuyan said the right to vote is part of the Constitution’s basic structure, "If any process results in this disenfranchising… pic.twitter.com/Wl3MX7K11X
Live Law reported, quoting Justice Bhuyan as saying that the right of an Indian citizen to vote is an integral part of the basic structure of the Constitution.
'Mass Disenfranchisement Violates Articles 14 And 326'
He asserted that any process resulting in the mass disenfranchisement of citizens would be intrinsically arbitrary and violative of Articles 14 and 326 of the Constitution.
The right to vote is not merely a statutory right but a constitutional right flowing from Article 326, which guarantees elections to the Lok Sabha and State Legislative Assemblies on the basis of adult suffrage, Justice Bhuyan elaborated.
Gyanesh Kumar Has Lost Moral Right To Remain CEC: Congress After Justice Bhuyan's Remark
Reacting to Justice Bhuyan's remark on voting rights, the Congress said his comments conclusively prove that the CEC has violated the Constitution both in letter and spirit. The grand old party said Justice Bhuyan's comment has exposed Chief Election Commissioner (CEC) Gyanesh Kumar "lock, stock and barrel", and he has lost all moral right to continue in office.
Justice Ujjal Bhuyan, a sitting judge of the Supreme Court, has been an outspoken champion of environmental protection. Now the courageous jurist has forcefully expressed his view that the right to vote is very much part of the basic structure of the Constitution. This conclusively proves that the CEC—Constitutional functionary himself—has violated the Constitution itself both in letter and spirit. Justice Bhuyan has said much more and has exposed the CEC lock, stock and barrel. Gyanesh Kumar simply has lost all moral right to continue in office. https://t.co/2RWL7Jkji8
— Jairam Ramesh (@Jairam_Ramesh) October 4, 2026
"Justice Ujjal Bhuyan, a sitting judge of the Supreme Court, has been an outspoken champion of environmental protection. Now the courageous jurist has forcefully expressed his view that the right to vote is very much part of the basic structure of the Constitution. This conclusively proves that the CEC—Constitutional functionary himself—has violated the Constitution itself both in letter and spirit. Justice Bhuyan has said much more and has exposed the CEC lock, stock and barrel. Gyanesh Kumar simply has lost all moral right to continue in office," Congress general secretary communications Jairam Ramesh said in an X post.
The Opposition parties launched attacks on the CEC after The Indian Express reported that election commissioners Sandhu and Joshi objected on record at least 14 times over the past 10 months to decisions and orders on the Special Intensive Revision process that they said were issued without their knowledge or recommendation.
(With PTI inputs)