Justice Bhuyan Declares Voting a Fundamental Constitutional Right

Guwahati: Supreme Court Justice Ujjal Bhuyan issued a stern warning on Monday, October 4. He stated that the right to vote remains a core part of the constitutional structure. No one can treat it as a simple statutory perk. Any process causing mass disenfranchisement is arbitrary and illegal.

Justice Bhuyan spoke at the 19th NALSAR-Justice B.R. Sawhney Memorial Moot Court Competition 2026. He leaned on Article 326 of the Constitution to back his stance. That law mandates elections for the Lok Sabha and state assemblies through adult suffrage. He believes the Constitution does not allow for two classes of citizens. People should not be split into those with voting rights and those without them.

"The right to vote is not merely a statutory entitlement but a constitutional right flowing from Article 326," Justice Bhuyan said. He argued that stripping millions of their ballots turns them into second-class citizens. Such actions clash with the entire constitutional framework. Free and fair elections serve as the bedrock of our system.

The judge avoided mentioning the Election Commission of India by name. He ignored the current Special Intensive Revision of electoral rolls during his speech. Still, his message arrives during a heated national debate. Many critics fear the ongoing roll revision will block eligible voters from participating. He maintains that universal adult suffrage must remain protected from bureaucratic interference.