Any process disenfranchising millions of citizens is intrinsically arbitrary: SC Judge Ujjal Bhuyan

Hyderabad (Telangana) [India]: Supreme Court judge Justice Ujjal Bhuyan on Sunday said that any procedure that leads to the disenfranchisement of millions of citizens and turning individuals into "second-class citizens" without voting rights is "intrinsically arbitrary".

Speaking at the valedictory ceremony of the 19th NALSAR BRS Moot Court Competition in Hyderabad, Justice Bhuyan said, "If any process results in 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."

His remarks come in the background of the ongoing controversy over the Election Commission of India (ECI) and Special Intensive Revision (SIR) of electoral rolls, with opposition targeting Chief Election Commissioner Gyanesh Kumar and demanding his resignation.


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Earlier in May, the Supreme Court upheld the Election Commission of India's (ECI) SIR exercise, which was first undertaken in Bihar, holding that the exercise is constitutional, legally tenable and cannot be struck down merely because it differs from the ordinary process of voter-roll revision.

A bench of Surya Kant and Joymalya Bagchi held that the SIR exercise cannot be declared 'ultra vires' solely on the ground that it adopts a process distinct from the routine revision of electoral rolls contemplated under the statutory framework.

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The apex court further clarified that the ECI's powers in the process remain limited to determining eligibility for inclusion in electoral rolls and do not extend to ascertaining citizenship status. It held that the deletion of a person's name from the voter list does not divest that individual of citizenship, since citizenship can only be determined by the competent authority under law.