Overview
On 4 October 2026Justice Ujjal Bhuyan addressed a gathering at NALSAR, Hyderabad. He warned that deleting millions of names from the electoral roll is a violation of Article 326 and Article 14. The remarks come amid a controversial SIR that has already erased roughly 13.3 crore voters.
Key Developments
- Supreme Court judge Justice Bhuyan declared mass disenfranchisement "intrinsically arbitrary" and unconstitutional.
- The SIR has led to the deletion of about 13.3 crore voters nationwide.
- Former Supreme Court judge Justice Rohinton Nariman highlighted that 90 lakh voters in West Bengal alone have been removed, questioning why the Court has not stayed the process.
- Student and youth protests have intensified, demanding the resignation of CEC Gyanesh Kumar.
Important Facts
The Constitution treats the right to vote as a universal adult franchise. It is not a mere statutory privilege but part of the basic structure of the Constitution. Deleting a name without notice and hearing breaches this principle, except in the case of a deceased voter.
Historically, the 1935 Government of India Act allowed only about 14% of the population to vote based on property, literacy, and other qualifications. The Constituent Assembly deliberately rejected such "partial franchise" and enshrined full adult suffrage, reflecting the founders' vision of equality.
Exam Relevance
This episode touches on several GS2 topics: the functioning and independence of the Election Commission, the role of the CEC, and the protection of fundamental rights under Articles 14 and 326. Aspirants should note how judicial review can act as a check on executive actions that threaten democratic rights.
Way Forward
Potential steps include: (i) filing petitions for judicial review challenging the SIR deletions; (ii) ensuring that any removal of names follows the due‑process requirement of notice and hearing; (iii) parliamentary oversight of the Election Commission’s revision mechanisms; and (iv) continued civic vigilance to safeguard the principle of universal adult franchise.