Context
• Ahead of Assembly Elections (April–May 2026), the issue of compulsory voting came up in a Supreme Court-related discussion.
• Debate: Should India make voting mandatory to improve low voter turnout?
Constitutional Position of Voting
• Article 326 → Provides universal adult suffrage (18+ citizens can vote)
• Voting is not a Fundamental Right
It is a Statutory Right under:
• Representation of the People Act, 1950 → voter registration
• Representation of the People Act, 1951 → right to vote
• Supreme Court view: Voting = statutory right, not fundamental
Is Compulsory Voting Valid?
Constitutional Concern
• May violate Article 19(1)(a) → Freedom of expression
• Includes right to vote AND right not to vote
Committees / Reports Mentioned
- Dinesh Goswami Committee (1990)
• Did not support compulsory voting
• Reason: Practical difficulties in implementation - Law Commission (255th Report, 2015)
• Compulsory voting may increase turnout (~7%)
• But not desirable or feasible in India
• Emphasised awareness over coercion
Comparative Perspective
• Countries like Australia, Brazil, Argentina → compulsory voting with fines
• But enforcement is strict and costly, not suitable for India
Issues with Compulsory Voting
• Enforcement challenges (huge population)
• Risk of penalising poor/migrant voters
• Denial of services/fines → undemocratic & harsh
• May lead to forced or uninformed voting
Way Forward (Key Takeaways)
• Focus on voluntary participation
• Awareness campaigns (especially digital/social media)
Better access to polling:
• Transport facilities
• Holiday enforcement
• Explore remote voting technologies (for migrants)
