Legal Challenges in Making Voting Mandatory: Supreme Court's Stand

The Supreme Court of India has refused to consider a public interest litigation (PIL) seeking directions to make voting mandatory in the country.

Chief Justice Surya Kant remarked that accepting such a request would force judges and other citizens to prioritize voting over essential duties, such as court work or daily wages.

Court’s Observations

The bench, which also included Justice Jaymalya Bagchi and Justice Vipul M. Pancholi, stated on April 16 that such matters fall under the “policy domain” and cannot be decided by the judiciary.

The court highlighted practical difficulties in enforcing compulsory voting, noting that many citizens, including judges and workers, may be engaged in essential duties on election days.

The Chief Justice asked how the court should respond if a poor worker says they must earn daily wages instead of voting.

The petitioner suggested forming a committee to recommend restrictions on individuals who do not vote and to consider penalties or restrictions on government benefits.

However, the Chief Justice emphasized that such issues fall within policy-making powers and not judicial intervention.

Key Statement by Chief Justice

The Chief Justice noted that democracy depends on public awareness rather than legal compulsion. He said that in a democratic country governed by the rule of law, voting is expected but cannot be forced.

He further stated that while citizens are encouraged to vote, non-participation cannot be penalized through judicial orders, and the responsibility lies in awareness rather than enforcement.