Supreme Court calls for mechanism to ensure compulsory voting
The Supreme Court has opened a window for a transformative conversation about the very fundamentals of democracy. Let a debate open Pandora’s box to reveal that there can be only "One Democracy." Currently, there are as many versions of democracy as there are countries. In India, because of a derivative Constitution, we have been pedalling for decades without moving an inch, still pedalling but we are where we were! Much like the fallacy of collective responsibility, our much-touted system of checks and balances has acted as a bane, functioning like police barricades on streets that prevent forward motion, stopping us in our tracks. That is the reality. What then, in essence, does a meaningful Constitution look like? It cannot be a Bible or a Gita that dictates what future generations should eat or wear. Let them have their own.
NEW DELHI, Feb 25: The Supreme Court of India has suggested that a “compulsory
mechanism” may be put in place to ensure all citizens participate in elections.
Chief Justice Surya Kant, heading a bench with Justice Joymalya Bagchi, however,
emphasized that such a mechanism should not be harsh and punitive but must be
aimed at strengthening democratic participation. The Court was hearing a petition
challenging provisions of the Representation of the People Act, 1951, and examining
the relevance of the “None of the Above” (NOTA) option on the ballot.
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Article 326 of the Indian Constitution guarantees universal adult suffrage,
but voting is currently a right, not a legal duty. The court’s remarks raise
the question whether voting be made a civic obligation.
Introduced in 2013, NOTA was meant to encourage better candidates contesting
and empower voters. However, data shows minimal impact on election outcomes,
prompting the court to question its effectiveness.
The court stressed a significant vulnerability in the present system that educated
and affluent sections often abstain from the electoral provess, while marginalized
groups, including women and rural voters, show higher turnout. This imbalance
speaks volumes about the malady of the type of representative democracy India
has.
Global comparisons
Countries such as Australia, Belgium and Brazil enforce compulsory voting,
often with mild penalties such as fines. They have turnout rates above 90%,
compared to India’s average of 60–65%.
Australia: Since 1924, compulsory voting has been enforced with small
fines for non-participation. Turnout consistently exceeds 90%. The system is
credited with ensuring broad legitimacy and reducing polarization.
Belgium: One of the earliest adopters (1893), Belgium imposes penalties
for repeated abstention, including restrictions on public employment.
Brazil: Voting is mandatory for citizens aged 18–70, with penalties
ranging from fines to difficulties in obtaining passports or government jobs.
United States: By contrast, voting is voluntary. Turnout hovers around
55–65%, and debates about compulsory voting are framed as conflicts between
liberty and responsibility.
Implementing compulsory voting would require balancing constitutional freedoms
with civic responsibility. Critics argue that coercion may conflict with democratic
principles, while supporters believe it could strengthen legitimacy and accountability.
The debate touches on a balance between rights and duties. Voting is seen as
a constitutional right under Article 326. Article 51A lists duties like respecting
the Constitution and promoting harmony, but voting is not explicitly included.
The court’s remarks hint at whether Parliament should amend the Constitution
to include voting as a duty.
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The Supreme Court’s intervention highlights a deeper philosophical question:
is democracy defined by freedom of choice—including the choice not to vote—or
by collective responsibility to participate?
Constitutional Amendment
If India were to adopt compulsory voting, the path would likely involve Constitutional
amendment, adding voting to Article 51A as a Fundamental Duty and amending the
Representation of the People Act, 1951 to define penalties (fines, restrictions
on government services, etc.). It will also involve creating systems to track
abstention, issue notices and allow exemptions (illness, travel, etc.). Campaigns
to emphasize voting as a civic responsibility, not just a legal requirement,
will also be needed.
ANALYSIS: The Supreme Court’s suggestion is reigniting a debate about
the nature of democracy itself. The court’s remarks highlight a universal tension
between rights and duties.
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