Is compulsory voting feasible in the Indian context?, Pg8
Supreme Court debates mandatory voting feasibility amidst concerns over constitutional rights and practical implementation challenges in India's diverse electorate.
The Election Commission announced the poll schedule for five Assembly elections to be held in April-May 2026.
The Supreme Court raised questions regarding mandatory voting in elections during a hearing on a poll-related matter.
Article 326 of the Constitution grants every citizen the right to vote without discrimination if they are at least 18 years old.
The Dinesh Goswami Committee (1990) did not favor compulsory voting due to implementation challenges.
The Law Commission's 255th report (2015) stated compulsory voting increases turnout by 7% but is undesirable in India.
Detailed Insights:
The right to vote in India is a statutory right, as held by the Supreme Court in various cases, and is outlined in the Representation of the People Act.
While some countries like Australia and Brazil enforce compulsory voting with penalties, such measures may violate Article 19(1) of the Indian Constitution, concerning freedom of expression.
Low voter turnout can lead to candidates winning with a minority of votes, but compulsory voting is not considered a feasible solution in India.
Encouraging voter participation through awareness campaigns, especially on social media, and improving facilities for migrant workers are better alternatives.
Newer technologies should be considered to develop secure and acceptable methods for remote voting, enhancing accessibility and participation.
Key Concepts Involved:
Article 326: Grants every citizen the right to vote without discrimination if they are at least 18 years old.
Statutory Right: A right protected by laws and statutes, rather than being a fundamental or constitutional right.
Compulsory Voting: A system where eligible citizens are required by law to vote in elections, often with penalties for non-compliance.