The Supreme Court on Thursday refused to entertain a PIL seeking directions to make voting compulsory, saying that the judiciary cannot issue such a mandate — it falls within the “policy domain”.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi asked PIL petitioner Ajay Goel to approach the stakeholders with the grievances.
What was the plea seeking?
The plea sought penal consequences for willful non-voters and making voting compulsory. The petitioner also sought the issuance of guidelines to restrict government benefits for those who willfully abstain from voting.
Here’s what the bench said:
The apex court bench said the plea cannot be dealt with by the court. “Democracy thrives on public awareness rather than legal coercion,” the CJI said during the proceedings.
“In a country which is governed by the rule of law and believes in democracy, and where we have shown for 75 years how we trust and believe in it, everyone is expected to go (and vote),” the CJI said. “If they don’t go, they don’t go. What is needed is awareness, but we cannot compel.”
Responding to the petitioner’s suggestion that the court should direct the Election Commission to impose restrictions on government amenities for non-voters, the CJI questioned the logic of criminalizing the act of staying home.
“Should we direct their arrest? If a citizen doesn’t go for voting, what can we do,” the CJI asked.
Practical difficulties of a mandatory voting law
Referring to the practical difficulties of a mandatory voting law, the bench said that on election days, many citizens, including judges, are required to work.
“If we accept this, then my brother Justice Bagchi would have to go to West Bengal to vote even though it is a working day,” the CJI said.
“Judicial work is also important,” Justice Bagchi said.
The bench also expressed concern for the marginalized sections of society.
“If a person who is poor says, ‘I need to earn my wages, how do I vote?’ what should we say to them?” the bench asked.
The petitioner said the Election Commission should be directed to form a committee to propose restrictions on those who fail to exercise their franchise.
“We are afraid these issues lie in the policy domain,” the CJI said.
Upcoming Assembly Elections
West Bengal will vote in two phases – 23 and 29 April. Votes will be counted on 4 May.
All 234 seats of the Tamil Nadu Legislative Assembly are up for grabs; Polling is scheduled for 23 April, with vote counting set for 4 May.
The results for Kerala, Puducherry, and Assam Assembly Elections will also be announced on May 4.
