A sharp ideological divide has emerged among former judges and legal luminaries in India following Supreme Court Justice Ujjal Bhuyan's recent remarks concerning the Special Intensive Revision (SIR) of voter lists. While one section of the legal fraternity has criticized the comments as a breach of judicial propriety, another group has strongly defended his right to speak out on fundamental rights.
The Genesis of the Controversy at NALSAR University
The controversy stems from an address delivered by Justice Ujjal Bhuyan at NALSAR University in Hyderabad. During his speech, he stated that any process depriving millions of Indian citizens of their right to vote is arbitrary, emphasizing that the Constitution does not divide citizens into two classes. Since the SIR matter is currently sub judice before the Supreme Court, his public remarks have triggered intense debate.
Ex-CJI B.R. Gavai and 42 Former Judges Raise Objections
Critics argue that making public statements on matters currently pending before courts violates judicial propriety. Former Chief Justice of India B.R. Gavai strongly objected to Justice Bhuyan's remarks, stating that judicial ethics do not permit a sitting judge to comment publicly on an active case.
Former Delhi High Court judges Justice S.N. Dhingra and Justice R.S. Sodhi also questioned the wisdom and maturity of the remarks. Meanwhile, a collective of 42 former judges issued an open letter backing the Election Commission's SIR process and Chief Election Commissioner Gyanesh Kumar. Senior Advocate Harish Salve echoed similar sentiments, asserting that judges should speak solely through their judgments.
Justice Abhay S. Oka and Others Back the Remarks
Conversely, a strong group of supporters has rallied behind Justice Bhuyan. Former Supreme Court judge Justice Abhay S. Oka came to his defense, stating there is nothing wrong in raising a voice against the large-scale disenfranchisement of voters. He noted that while commenting on the merits of a sub judice matter may be improper, Justice Bhuyan's speech crossed no such lines.
Former Law Minister and Senior Advocate Dr. Ashwani Kumar praised the observation as a reflection of the nation's conscience. Rajya Sabha MP and Senior Advocate Abhishek Manu Singhvi also backed Justice Bhuyan's perspective, describing him as one of the most respected and outspoken voices in the judiciary.
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