Compulsory Voting and India
24 Mar 2026
Compulsory Voting and India
Context: With the Election Commission announcing the poll schedule for five Assembly elections in April-May 2026, the debate around voter turnout has resurfaced. The issue recently gained traction when the Supreme Court, during a hearing on a poll-related matter, raised questions regarding the feasibility of mandatory voting in Indian elections.
What is compulsory voting?
- Compulsory voting is a system where citizens are legally obliged to participate in elections, and failure to do so without a valid reason incurs penalties.
- Global Examples: Democracies like Australia, Argentina, and Brazil enforce this by fining voters who fail to cast their ballots.
- In Peru, the penalties are even stricter, with non-voters being denied access to certain public goods and services.Effectiveness:
- According to the Law Commission's 255th report, compulsory voting does increase voter turnout by an average of about 7%.
- However, this increase is a direct result of the severity and strict enforcement of the penalties rather than genuine democratic enthusiasm.
How is voting exercised in India?
In India, voting is considered an essential part of a functional democracy,but it remains a statutory right rather than a fundamental or legal duty.
- Constitutional Provision: Article 326 grants every citizen aged 18 and above the right to vote without discrimination, provided they are not disqualified under the Constitution or any specific law.
- Statutory Framework: Section 19 of the Representation of the People Act, 1950, requires a citizen to be at least 18 years old and an ordinary resident in a constituency to register.
- Section 62 of the Representation of the People Act, 1951, guarantees the right to vote to anyone whose name is on the electoral roll.
- Judicial Stance: The Supreme Court of India has consistently held that the right to vote is a constitutional right under Article 326 of the Constitution of India.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
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