Recently, the Election Commission has announced the schedule for five Assembly elections in April–May 2026, while the Supreme Court, in a separate hearing, raised concerns over compulsory voting.
About Compulsory Voting
- Compulsory voting is a system where eligible citizens are legally required to vote in elections, with penalties for non-compliance in some countries.
- Global Overview:
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- Some democracies, such as Australia and several Latin American countries, have provisions for compulsory voting.
- In Australia, Argentina, and Brazil, voters may be fined if they fail to vote without valid reasons.
- In Peru, certain public goods and services are denied to non-voters.
Efforts Towards Compulsory Voting in India
- Dinesh Goswami Committee: The Dinesh Goswami Committee on electoral reforms, set up in 1990, did not favour compulsory voting, citing practical difficulties in implementation.
- Instead, it recommended improving voter participation through awareness campaigns.
- 255th Report (2015) of Law Commission: The Law Commission, in its 255th report (2015), discussed the issue in detail. Compulsory voting does result in increased voter turnout by an average of about 7%.
Benefits
- Higher Voter Turnout: In Australia, compulsory voting ensures 90–95% voter turnout, compared to ~60% in voluntary systems. This means governments are elected with support from a much larger share of the electorate, enhancing democratic legitimacy.
- For Example: In contrast, in the UK (2005), a government won a majority with support from only ~21% of the total electorate, highlighting weaker legitimacy under low turnout.
- Reduction in Political Apathy: Encourages citizens to treat voting as a civic duty, improving engagement.
- Moderation in Politics: Broader participation forces parties to appeal to centrist voters, reducing extremism.
- Continuity in Participation: Maintains consistently high turnout across elections, strengthening democratic culture.
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Challenges
- Against Democratic Philosophy: The proposal to make voting compulsory in Gujarat local body elections was not supported by the Election Commission, citing impracticability at the national level.
- Former Election Commissioner S. Y. Quraishi stated that “democracy and compulsion do not go hand-in-hand”, highlighting philosophical concerns.
- Violation of Freedom: Compulsory voting restricts the right not to vote, which is part of individual liberty in a democracy.
- For Example: From a constitutional perspective, compulsory voting could be seen as violating the fundamental right to freedom of expression under Article 19(1).
- Administrative Burden: Monitoring non-voters and enforcing penalties is costly and complex, especially in large countries like India.
- Enforcement Challenges in India: India’s migrant population and rural accessibility issues make compliance difficult.
About Right to Vote in India: Constitutional Provisions
- Article 325: No person is to be declared ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex or any of them.
- Article 326: It grants every citizen the right to vote without any discrimination.
- It provides that any citizen who is not less than 18 years old and is not otherwise disqualified under the Constitution or any law on certain grounds is entitled to be registered as a voter.
- Article 327 and Article 328: As per these Articles, the Parliament and the State Legislatures can make provision with respect to all matters relating to elections to the Parliament and the State Legislatures.
- Article 329: This article of the Constitution of India bars the interference of the courts in the electoral matters.
- Section 19 of the Representation of the People Act, 1950: It requires a citizen to be at least 18 years old and ordinarily resident in a constituency to be registered as an elector.
- Section 62 of the Representation of the People Act, 1951: It provides the right to vote to every person whose name is entered in the electoral roll of a constituency.
- In various cases, the Supreme Court has held that the right to vote is a statutory right.
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Way Forward
- Law Commission Report(255th ) Recommendation: It outlined that compulsory voting is neither desirable nor feasible in India.
- The solution lies in fostering enthusiasm amongst voters to exercise their right to vote through innovative campaigns, especially using social media.
- Incentivisation: For migrant workers, stricter implementation of the statutory holiday on the day of polling, coupled with an increase in transport facilities by running special buses and trains, can effectively increase participation.
- Promote Remote Voting: With the advent of newer technologies, robust and secure methods acceptable to all stakeholders for remote voting should be considered.
23 Mar 2026
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