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Introduction

With recurring concerns over low voter turnout in Indian elections, debates on compulsory voting have resurfaced. The Law Commission of India (255th Report) provides a nuanced assessment balancing democratic values and feasibility.

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Compulsory voting: Contrary to democratic principles & logistical challenges

• Freedom of expression includes abstention: Voting choice also includes the right not to vote under Article 19(1)(a).
  Eg: Supreme Court jurisprudence treats voting as a statutory right, not compulsory duty.
• Not a constitutional or moral duty: Voting is neither a Fundamental Duty nor legally enforceable obligation.
  Eg: Article 326 ensures universal adult suffrage but does not mandate participation.
• Disproportionate penal consequences: Penalties (fines, denial of services) undermine welfare state principles.
  Eg: Countries like Brazil impose fines however such coercion can be seen as unsuitable for India.
• Administrative and logistical infeasibility: Tracking non-voters in a vast electorate is impractical.
  Eg: Election Commission of India manages >90 crore voters, enforcement becomes unmanageable.
• Socio-economic exclusion risks: Marginalised groups (migrants, poor) may be penalised unfairly.
  Eg: Migrant workers often miss voting due to mobility constraints.

Why compulsory voting may NOT be entirely against democratic principles

• Enhances participatory democracy: Higher turnout strengthens legitimacy of elected governments.
  Eg: Law Commission notes ~7% rise in turnout in countries with compulsory voting.
• Reduces minority-rule outcomes: Prevents candidates winning with low vote share.
  Eg: Low turnout constituencies often elect representatives with minority support as per the ECI trends.
• Promotes civic responsibility: Encourages citizens to engage in governance processes.
  Eg: Seen as a civic duty in countries like Australia.
• Counters voter apathy: Addresses habitual non-participation, especially in cities as per the ECI trends.
• Inclusive representation: Broader participation reflects diverse social interests.
  Eg: Latin American democracies achieve wider electoral participation.

Alternative measures to increase voter turnout

• Voter awareness campaigns: Behavioural change through targeted outreach.
  Eg: Election Commission of India SVEEP programme.
• Facilitate migrant voting: Reduce structural barriers for mobile populations.
  Eg: Proposal for remote voting mechanisms using technology.
• Ensure statutory holiday enforcement: Remove work-related constraints.
  Eg: Strict implementation of paid leave on polling day.
• Improve transport and accessibility: Ease physical access to polling stations.
  Eg: Special trains/buses during elections.
• Leverage digital and social media mobilisation: Engage youth and urban voters effectively.
  Eg: ECI’s social media campaigns for voter registration drives.

Conclusion

While compulsory voting may improve turnout, it risks undermining individual freedoms and poses serious implementation challenges in India. Strengthening democratic participation requires facilitation, awareness, and innovation, not coercion aligned with constitutional values and inclusivity.

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