The Supreme Court on Thursday rejected a Public Interest Litigation plea seeking the introduction of compulsory voting in India along with penal consequences for citizens who deliberately abstain from voting, observing that participation in elections cannot be enforced through coercive measures.
A Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi said that while citizens in a democracy are expected to exercise their franchise, the State cannot compel them to vote.
During the hearing, the petitioner submitted that those not voting should be subjected to penal consequences, including denial of certain government amenities, and suggested that the Election Commission of India be directed to frame guidelines for mandatory voting.
The Bench, however, expressed reservations over both the “feasibility and legality” of such a proposal. Observing that voting is a matter of individual choice in a democracy governed by the rule of law, the Court said the focus should be on encouraging participation rather than mandating it through punitive measures. It noted that any attempt to compel voting would run contrary to the voluntary nature of the electoral process.
The Bench emphasised that greater efforts are required to strengthen civic and public awareness about the importance of the right to vote. It observed that awareness campaigns and voter education would be a more appropriate way to improve participation in elections.
Disposing of the petition, the Court held that the issues raised fall within the policy domain and are best left to the legislature and executive authorities. It granted liberty to the petitioner to make a representation before the appropriate authorities.
The Court’s observations come amid ongoing concerns over declining voter turnout in certain segments, particularly in urban areas, though it made clear that such concerns cannot justify coercive measures.