“We cannot compel citizens to vote”: Supreme Court rejects plea for mandatory voting

The Supreme Court of India on Thursday dismissed a Public Interest Litigation seeking the introduction of compulsory voting in the country, along with penalties for those who abstain. The court made it clear that while voting is a crucial democratic right, it cannot be enforced through coercive measures. The petition had sought directions to make voting mandatory and proposed punitive consequences for citizens who deliberately avoid participating in elections.

A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, observed that participation in elections must stem from awareness and responsibility, not compulsion. The Chief Justice remarked that in a country governed by the rule of law, every citizen is expected to vote, but the State cannot force individuals to exercise their franchise. “If a citizen does not vote, what can we do? We cannot compel,” the bench noted during the hearing.

During the proceedings, the petitioner suggested that the court could direct the Election Commission of India to frame guidelines for compulsory voting and consider restricting access to certain government benefits for non-voters. However, the bench questioned the feasibility and legality of such measures, indicating that punitive actions for non-participation would be difficult to justify within the constitutional framework.

Disposing of the plea, the court emphasized that increasing voter turnout is primarily a matter of public awareness and civic engagement rather than legal enforcement. It stated that such policy decisions fall within the domain of the legislature and executive, not the judiciary. The petitioner was granted liberty to approach appropriate authorities, while the court reiterated the need for stronger awareness campaigns to encourage voluntary participation in the democratic process.