Right to vote is constitutional right, not merely statutory: Justice Ujjal Bhuyan

Supreme Court Justice Ujjal Bhuyan on Monday, October 4 said the right of an Indian citizen to vote is an integral part of the basic structure of the Constitution, and cautioned that any process resulting in the mass disenfranchisement of citizens would be arbitrary and violate Articles 14 and 326 of the Constitution.

Justice Bhuyan made the observations while delivering the valedictory address at the 19th NALSAR-Justice B.R. Sawhney Memorial Moot Court Competition 2026.

Emphasising the constitutional significance of voting, Justice Bhuyan said the right to vote is not merely a statutory entitlement but a constitutional right flowing from Article 326, which provides for elections to the Lok Sabha and state legislative assemblies on the basis of adult suffrage.

He said the Constitution does not envisage two categories of citizens — those who have voting rights and those who do not.

Justice Bhuyan further said any process that results in the disenfranchisement of millions of Indian citizens, effectively reducing them to second-class citizens in their own country, would be inconsistent with the constitutional scheme.

The judge stressed that the right to vote is central to the conduct of free and fair elections, which have been recognised as a basic feature of the Constitution.

Although Justice Bhuyan did not specifically refer to the Election Commission of India's ongoing Special Intensive Revision (SIR) of electoral rolls, his remarks come amid a wider debate over the exercise and concerns raised by various quarters regarding the possible exclusion of eligible voters from electoral rolls.

The observations assume significance in the context of the constitutional safeguards governing electoral participation and the principle of universal adult suffrage.