RIGHT TO VOTE IN INDIA

NEWS: The Supreme Court of Indiaà raised concerns regarding mandatory voting during a poll-related hearing amid the 2026 Assembly election schedule announced by the Election Commission of India.

About Right to Vote in India:

• Right to voteà Statutory right that enables citizens to participate in the democratic process by electing their representatives.
• Not a fundamental right, but a constitutional/statutory right derived from law.

Constitutional & Legal Provisions:

• Article 326à Provides for universal adult suffrage (18+ citizens eligible to vote, subject to disqualifications).
• Representation of the People Act, 1950: Defines eligibility for voter registration (Section 19).
• Representation of the People Act, 1951: Grants the right to vote to registered electors (Section 62).

Nature of Right:

• Voting is a statutory right
• However, aspects like NOTA and free choice are linked to Article 19(1)(a) (freedom of expression)

Committee Recommendations:

• Dinesh Goswami Committee (1990)
  • Opposed compulsory voting → Cited practical difficulties in enforcement
  • Recommended voter awareness campaigns instead
• Law Commission of India – 255th Report (2015):
  • Acknowledged increase in turnout (~7%) in countries with compulsory voting
  • However, concluded that it depends on strict penalties, which may be harsh and impractical in India
  • Stated compulsory voting is neither desirable nor feasible

Key Issues with Compulsory Voting

• May violate Article 19(1)(a) → Right to expression includes right not to vote
• Administrative burden in a large, diverse democracy
• Penal measures (fine, denial of services) → socially inequitable