Feasibility of Compulsory Voting in India
Context:
The Election Commission recently announced the poll schedule for five Assembly elections to be held in April-May 2026.
In a separate but concurrent hearing regarding a poll-related matter, the Supreme Court of India raised significant questions regarding the feasibility of introducing mandatory voting in elections
The Legal Framework of Right to Vote in India:
Constitutional Basis:
The right to vote is a statutory right derived from Article 326 of the Constitution.
This Article grants universal adult suffrage, stating that every citizen who is at least 18 years old and not otherwise disqualified is entitled to be registered as a voter without discrimination.
Statutory Provisions:
Section 19 of the Representation of the People Act, 1950, sets the criteria that a citizen must be at least 18 years old and ordinarily a resident in a constituency to be registered as an elector.
Furthermore, Section 62 of the Representation of the People Act, 1951, explicitly provides the right to vote to every person whose name is entered in the electoral roll of a constituency.
Under current Indian law, compulsory voting is neither classified as a fundamental duty nor a legal obligation.
Arguments Against Compulsory Voting in India:
Constitutional Violation:
From a legal and constitutional perspective, mandating citizens to vote could be construed as violating the fundamental right to freedom of expression guaranteed under Article 19(1) of the Constitution.
The freedom to vote implies the freedom not to vote.
Law Commission View:
The Law Commission has previously discussed this issue and concluded that compulsory voting is neither desirable nor practically feasible in India.
The Dinesh Goswami Committee on electoral reforms, 1990:
It did not favour compulsory voting, citing practical difficulties in implementation.
Instead, it recommended improving voter participation through awareness campaigns.