Supreme Court Justice Ujjal Bhuyan has emphasised that the right to vote is not merely a statutory entitlement but a constitutional right that forms the foundation of India’s democratic system, stressing that “no one is above 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 in Hyderabad on October 4. He spoke on the evolution of universal adult franchise in India and its constitutional significance.
Tracing the journey towards universal adult suffrage, Justice Bhuyan referred to the freedom movement and the debates of the Constituent Assembly. He described the adoption of universal adult franchise as an “act of faith” by the founding fathers in the ordinary citizen, irrespective of wealth, social status, education or occupation.
Referring to Articles 325 and 326 of the Constitution, Justice Bhuyan said the right to vote and the right to be registered as a voter cannot be viewed merely as statutory rights created by parliamentary legislation. He said they constitute constitutional rights that are integral to democracy and central to the electoral process.
Justice Bhuyan also referred to the Supreme Court’s decisions in Kihoto Hollohan v. Zachillhu and PUCL v. Union of India, observing that democracy and free and fair elections are fundamental to the constitutional scheme. He further cited Anoop Baranwal v. Union of India, in which the Court recognised the importance of a citizen’s right to be a voter and to vote as foundational to free and fair elections.
On safeguards relating to electoral rolls, Justice Bhuyan referred to Section 22 of the Representation of the People Act, 1950 and the Supreme Court’s judgment in Lal Babu Hussain v. Electoral Registration Officer. He emphasised that, barring cases involving a deceased voter, a person’s name already included in the electoral roll cannot be deleted without notice and an opportunity of hearing.
Justice Bhuyan cautioned against any process that could result in the wholesale disenfranchisement of citizens, observing that such a development would strike at the constitutional order itself.
He stressed that the mandate of Article 326 cannot be diluted and that no authority has the power to undermine the constitutional guarantee underpinning universal adult suffrage.
Concluding his address, Justice Bhuyan underlined the responsibility of every generation to preserve constitutional freedoms. Recalling the words of eminent jurist Nani Palkhivala, he said that freedom is not something that can merely be inherited but must be defended by every generation.
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