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[POLITICS] · India · 17 sources

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Part of situation: Indian judicial warnings on voter disenfranchisement (2 clusters)

India Supreme Court Justice warns mass disenfranchisement is unconstitutional

voter disenfranchisement Election Commission of India Special Intensive Revision Supreme Court of India electoral integrity

Supreme Court Justice Ujjal Bhuyan has sparked significant political debate following remarks that any process resulting in the mass disenfranchisement of millions of Indian citizens is ‘intrinsically arbitrary’ and a negation of the constitutional order. Speaking at NALSAR University, Bhuyan emphasized that the right to vote is central to the Constitution's basic structure and that the Constitution does not recognize two classes of citizens—those with voting rights and those without. He noted that voter names should not be removed from electoral rolls without proper notice and a hearing, except in cases of death.

These comments coincide with intense political pressure on Chief Election Commissioner (CEC) Gyanesh Kumar. The Congress party has demanded Kumar's resignation, citing Bhuyan's remarks as evidence of constitutional violations. Meanwhile, the Supreme Court has declined an interim plea to suspend the CEC, questioning the practical implications of such a move on election conduct. However, the Court has issued notices to the government and the Election Commission of India, directing the body to ensure decisions are made through a collective, unanimous, or majority framework rather than unilaterally.

Separately, former Justice Rohinton Nariman has raised alarms regarding executive interference in the Election Commission and large-scale voter exclusion, noting that 90 lakh citizens were disenfranchised and that 93 percent of decided appeals in such cases favored the excluded citizens.

Entities

Election Commission of India · Gyanesh Kumar · NALSAR University of Law · Rohinton Nariman · Supreme Court of India · Ujjal Bhuyan

Claims

What the coverage asserts, and how many sources carry each claim.

Sources

Cloud Over ECI Functioning [radianceweekly.net]
Gyanesh Kumar has lost moral right to remain CEC: Congress [highlandpost.com]
SC warns ECI over unanimity, declines Gyanesh Kumar’s removal, says Form 6 was not approved [madhyamamonline.com]
“If he has any sense of shame, Gyanesh Kumar must quit right away”: Jairam Ramesh reiterates demand for CEC’s resignation [desitalkchicago.com]
Justice Ujjal Bhuyan: Denying Voting Rights Is Arbitrary And Unconstitutional, Protests Intensify [www.zoomnews.in]
Six things to watch as SC examines EC’s decisions [thefederal.com]
Justice Ujjal Bhuyan: Disenfranchising Millions Is Arbitrary, No Court Can Condone It [lawchakra.in]
Supreme Court Declines Interim Suspension of CEC, Seeks Responses from Centre and ECI [www.sentinelassam.com]
Singhvi praises 'fearlessness' of judges on voting rights concerns [newsable.asianetnews.com]
'Strikes at heart of Constitution': SC judge on voter deletions [www.newsbytesapp.com]
‘It Strikes at the Very Heart of the Constitution’: Justice Ujjal Bhuyan on Mass Disenfranchisement [www.latestly.com]
‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar [english.mathrubhumi.com]
Mass disenfranchisement ‘intrinsically arbitrary’, strikes at Constitution: Justice Ujjal Bhuyan [www.nationalheraldindia.com]
SIR Row: SC Justice Ujjal Bhuyan Says Voter Names Cannot Be Deleted Without Notice, Hearing [news.abplive.com]
Right to vote in great peril: Justice Rohinton Nariman flags executive interference in Election Commission [www.barandbench.com]
SC judge slams SIR, Bhuyan says, large scale disenfranchisement 'would strike at heart of Constitution' [www.dnaindia.com]
‘No amount of whataboutery can justify disenfranchising millions’: Justice Ujjal Bhuyan [www.newindianexpress.com]