Supreme Court Judge Warns Against Mass Voter Deletion in India

On October 4, 2026, Justice Ujjal Bhuyan addressed the 19th Justice Bodh Raj Sawhney Memorial Moot Court Competition at NALSAR University of Law, Hyderabad. He warned that any process stripping millions of the right to vote is “intrinsically arbitrary” and violates Articles 326 and 14 of the Constitution, which guarantee universal adult suffrage and equality before the law.

New Indian Express

The Election Commission of India (EC) launched a Special Intensive Revision (SIR) to purge ineligible entries. In May 2026, the Supreme Court upheld the EC’s authority, finding the measures “not excessive or disproportionate.” The SIR allows doubtful cases to be referred to a competent authority, and tribunals in West Bengal have reinstated 93 % of contested entries.

'Strikes At Heart Of Constitution': Top Court Judge On Mass Deletion Of Voters

• The SIR has deleted approximately 13.3 crore voter names from draft rolls across three phases.

New Indian Express

• Former Supreme Court judge Rohinton Nariman cited 90 lakh disenfranchised voters in West Bengal.

The Hindu

• West Bengal tribunals have so far reinstated 93 % of challenged entries.

'Strikes At Heart Of Constitution': Top Court Judge On Mass Deletion Of Voters

• Congress general secretary Jairam Ramesh said the right to vote is part of the Constitution’s basic structure and that Chief Election Commissioner Gyanesh Kumar has “lost all moral right” to remain in office.

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar

• The Election Commission defended the SIR, noting internal dissent is normal and that all orders are issued under “full legal sanction” and established procedures.

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar

• The Supreme Court’s May 2026 judgment reiterated that the EC’s SIR falls within its statutory mandate and may refer exclusion cases for adjudication.

'Strikes At Heart Of Constitution': Top Court Judge On Mass Deletion Of Voters

Opposition parties have called the SIR a “sinister” exercise and demanded the restoration of roughly 13 crore names removed from the rolls, arguing that mass deletion undermines democratic participation and constitutional guarantees.

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar

• Sources differ on the total number of voters deleted: some report 13 crore, others 13.3 crore.

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar

• Detailed data on geographic distribution beyond West Bengal and the timeline for pending appeals remain unavailable.

'Strikes At Heart Of Constitution': Top Court Judge On Mass Deletion Of Voters

• “The Indian Constitution does not provide for two classes of citizens: citizens with voting rights and citizens without voting rights,” — Justice Bhuyan

'Strikes At Heart Of Constitution': Top Court Judge On Mass Deletion Of Voters

• “If any process results in disenfranchising millions and millions of Indian citizens making them second class citizens in their own country... such a process is intrinsically arbitrary,” — Justice Bhuyan

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar

These statements capture Justice Bhuyan’s central argument that disenfranchising millions strikes at the heart of India’s constitutional order.

‘Intrinsically arbitrary’: Justice Bhuyan’s remarks trigger fresh Congress attack on Gyanesh Kumar