If the outcome of a process is to deprive people of their right to vote, effectively turning them into second-class citizens in their own country…

New Delhi : Supreme Court Judge Justice Ujjal Bhuyan has made a significant statement amidst the ongoing Special Intensive Revision (SIR) process in various states. Speaking on Sunday, he remarked that any process preventing lakhs of Indian citizens from exercising their right to vote is inherently arbitrary and violates the constitutional order; nothing can justify it.

Addressing an event at NALSAR University of Law in Hyderabad, Justice Bhuyan stated that the Indian Constitution does not provide for two categories of citizens—one possessing the right to vote and the other lacking it. He asserted that any process which completely deprives Indian citizens of their voting rights—rendering them citizens without the right to vote—would violate Articles 326 and 14 of the Indian Constitution.

He further observed, “If the outcome of a process is to deprive millions of Indian citizens of their right to vote—effectively turning them into second-class citizens in their own country, citizens without voting rights—then such a process is truly arbitrary. Nothing can justify it.” He added, “Such a process strikes at the very soul of the Constitution; indeed, it amounts to a rejection of the constitutional order established under the Constitution of India.”

The Supreme Court judge also noted that the Indian citizens’ right to vote is rooted in India’s long struggle against foreign rule. It stands as a testament to the freedom won through immense struggle and sacrifice. Article 326 cannot be tampered with in any way. No authority can do so, and no court can condone it. No one is above the Constitution.

Justice Bhuyan’s observation is particularly significant because the SIR (Special Intensive Revision) process has sparked intense controversy in several states, including West Bengal and Bihar. The dispute primarily centers on the large-scale deletion of names from voter lists, the demand for documentation, and the transparency of the process. The SIR initiative began in Bihar in June 2025 and was subsequently extended to several other states across the country. The Commission maintains that the objective is to create a clean and reliable electoral roll by removing the names of deceased, duplicate, relocated, or ineligible individuals.

In May 2026, the Supreme Court upheld the legality of the SIR in Bihar, describing it as a process designed to ensure free and fair elections. However, the opposition has opposed the process, alleging that the names of many genuine voters are being left out and that it is difficult for the poor, migrants, and laborers to gather the required documentation. Opposition parties have claimed that the names of their voters are being deleted through this process to benefit the BJP.

Report : Abhijit Tushar Bhatt (Political Editor)

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