Justice Ujjal Bhuyan says mass disenfranchisement violates Articles 14 and 326
GS2Polity · Governance · IR· Judiciary & landmark judgments· Mains·
Judicial propriety and constitutional rights: a GS2 case study on the limits of judicial commentary.
Why in news
Justice Ujjal Bhuyan asserted that mass disenfranchisement violates Articles 14 and 326 of the Constitution, sparking a debate on judicial propriety and the limits of judicial commentary on sub judice matters.
Background
Justice Ujjal Bhuyan spoke at NALSAR University of Law regarding the constitutional right to vote and the Representation of the People Act, 1950. The discussion highlighted the 'Restatement of Values of Judicial Life' (May 7, 1997), which restricts judges from public debate on pending matters.
Facts for Prelims
- Act / BillSection 22 of the Representation of the People Act, 1950: Requires notice and a hearing before the deletion of a name from the electoral roll, except in cases of death.
- BodyRestatement of Values of Judicial Life: Adopted by the Full Court of the Supreme Court on May 7, 1997, to guide judicial conduct.
Prelims practice question
Which act requires a notice and a hearing before a name can be deleted from the electoral roll (except in cases of death)?
- (a)Right to Information Act, 2005
- (b)Representation of the People Act, 1950
- (c)Motor Vehicles Act, 1988
- (d)Companies Act, 2013
Show answer
Answer: (b) Representation of the People Act, 1950 — Section 22 of the Representation of the People Act, 1950 requires notice and a hearing before the deletion of a name from the electoral roll.
For Mains
Q. Critically analyze the tension between a judge's duty to remain impartial and the necessity of judicial engagement with human consequences in constitutional matters.
Dimensions to cover in your answer
- Judicial Propriety: Conflict between public advocacy for human rights and the prohibition on commenting on sub judice matters.
- Constitutional Integrity: The status of the right to vote as an integral component of the basic structure of the Constitution.
- Procedural Safeguards: Ensuring due process under the Representation of the People Act, 1950, to prevent arbitrary disenfranchisement.
Keywords: Judicial Propriety · Sub Judice · Basic Structure · Due Process · Equality · Judicial Impartiality
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