Where should judicial restraint begin?, Pg8

Key Highlights:

• In October 2026, Justice Ujjal Bhuyan stated that the right to vote is constitutional and integral to the Basic Structure of the Indian Constitution.
• He emphasized that mass disenfranchisement would be arbitrary and violate Articles 14 and 326, and that Article 326 cannot be altered.
• Justice Bhuyan's comments drew criticism from former judges who cited concerns about judicial propriety, especially regarding sub judice matters.
• The Supreme Court's Restatement of Values of Judicial Life, adopted in 1997, advises judges against public debate on political or pending judicial matters.
• The Supreme Court, in Association for Democratic Reforms v Election Commission of India (May 2026), had previously upheld the constitutional nature of the right to vote, while also affirming the need for due process before voter deletion.

Detailed Insights:

• Justice Bhuyan's remarks were made during a moot court competition at NALSAR University of Law.
• His statements were made while litigation concerning the West Bengal Special Intensive Revision (SIR), involving over 22 lakh deleted voters, was pending before the Supreme Court.
• Former Chief Justice of India B.R. Gavai and former Delhi High Court judges S.N. Dhingra and R.S. Sodhi raised objections to Justice Bhuyan's comments.
• Section 22 of the Representation of the People Act, 1950, mandates notice and a hearing before deletion from electoral rolls, except in cases of death.
• The Restatement of Values of Judicial Life emphasizes maintaining public faith in judicial impartiality and advises judges to let their judgments speak for themselves.
• International standards, such as the Bangalore Principles of Judicial Conduct and the U.S. Supreme Court’s 2023 Code of Conduct, allow judges to engage in legal education but restrain comments that might affect pending or impending matters.
• Justice Bhuyan has a history of outspokenness, having made at least 25 public engagements since joining the Supreme Court in July 2023, often commenting on judicial transfers, bail conditions, and transparency in collegium decisions.

Key Concepts Involved:

• Judicial Restraint: A theory of judicial interpretation that encourages judges to limit the exercise of their own power, deferring to the legislative and executive branches.
• Sub Judice: A legal term meaning "under judicial consideration" and therefore prohibited from public discussion elsewhere.
• Basic Structure Doctrine: A doctrine that the fundamental features of the Indian Constitution cannot be altered by a constitutional amendment.
• Recusal: The act by which a judge removes themselves from a legal case due to a conflict of interest or bias.
• Restatement of Values of Judicial Life: A code of ethics adopted by the Supreme Court of India in 1997 to guide judicial conduct and uphold public faith in the judiciary.