Disenfranchisement of Millions Arbitrary, No Whataboutery Can Justify It, Says SC Judge, Pg1

Key Highlights:

• Supreme Court Justice Ujjal Bhuyan stated that wholesale disenfranchisement of Indian citizens through electoral roll processes is arbitrary and unconstitutional.
• He emphasized that detaching an Indian citizen from the right to vote is akin to "taking out the soul from the body."
• The remarks were made amidst a row over electoral roll revisions, with petitions filed in the Supreme Court.
• Justice Bhuyan highlighted Articles 325 and 326 of the Constitution as the fundamental basis for universal adult suffrage.

Detailed Insights:

• Justice Bhuyan made these observations at the valedictory ceremony of the Justice Bodh Raj Sawhney Memorial Moot Court competition at Nalsar University of Law, Hyderabad.
• He asserted that such a process makes citizens "second-class citizens" and negates the constitutional order adopted by India.
• The adoption of universal adult suffrage in India's first election was a "very brave" decision by the Constituent Assembly.
• The right to vote, though not explicitly mentioned, can be traced to the Constitution of India Bill, 1895 (Swaraj Bill).
• Article 325 mandates one general electoral roll for every constituency, prohibiting discrimination based on religion, race, caste, or sex.
• Article 326 establishes elections to the Lok Sabha and State Legislative Assemblies on the basis of adult suffrage for citizens 18 years and above.
• The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act in 1989.
• Dr. B.R. Ambedkar advocated for enshrining adult suffrage in the Constitution to prevent it from being left to parliamentary whims.
• Universal adult franchise was an act of faith by the founding fathers, aiming to achieve equality by giving equal value to every vote.

Key Concepts Involved:

• Universal Adult Suffrage: The right of all adult citizens to vote, regardless of wealth, income, gender, social status, race, or ethnicity.
• Disenfranchisement: The revocation of the right of suffrage of a person or group of people.
• Constitutionalism: Adherence to a system of constitutional government, where power is limited by a constitution.
• Electoral Roll: A list of all people entitled to vote in a particular election or constituency.