New Delhi
Supreme Court of India on Thursday refused to entertain a PIL seeking directions to make voting compulsory in the country, observing that such a mandate falls within the “policy domain” and cannot be imposed by the judiciary.
A bench comprising Surya Kant, Joymalya Bagchi and Vipul M. Pancholi asked petitioner Ajay Goel to raise the issue with relevant stakeholders.
The plea had sought penal consequences for wilful non-voters, compulsory voting, and guidelines to restrict government benefits for those who intentionally abstain from voting.
During the hearing, the Chief Justice said democracy is strengthened through awareness, not coercion.
“In a country governed by rule of law and democracy, everyone is expected to vote. If they don’t go, they don’t go. What is needed is awareness, but we cannot compel,” the bench observed.
When the petitioner suggested that the Election Commission of India be directed to impose restrictions on non-voters, the bench questioned the practicality of punishing citizens for not voting.
“Should we direct their arrest? If a citizen doesn’t go for voting, what can we do,” the Chief Justice remarked.
The court also pointed to logistical issues, noting that many citizens, including judges, may be required to work on polling days. Justice Bagchi observed that judicial duties are also important.
It further raised concerns about economically weaker citizens who may need to prioritise daily wages over voting.
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Declining relief, the bench reiterated that the matter lies in the policy sphere rather than the judicial domain.