PIL In Delhi HC Seeks Direction To Centre and EC to Take Steps for Compulsory Voting in Parliament and Assembly Elections to Enhance Voter Turnout
(Judicial Quest News Network)
New Delhi [India], March 15: A PIL has been filed before the Delhi High Court seeking compulsory voting in parliament and Assembly Elections in order to enhance voter’s turnout, promote political participation, improve quality of democracy and secure right to vote.
The PIL filed by BJP leader and Advocate Ashwini Kumar Upadhyay, states that low voter is a persistent problem in India.Compulosry voting can help to increase voter turnout, particularly among the marginalised communities. It ensures that every citizen has a voice and that the Government is representative of the people’s wishes. When the voter turnout is high, the government becomes more accountable to the people and is more likely to act in their best interests.
Compulsory voting has been implemented successfully in other countries, including Australia, Belgium, and Brazil. These countries have seen significant increase in voter turnout and improvements in the quality of democracy.
In the recent past Supreme Court and high Courts have repeatedly issued directions in the past to the Election Commission of India to exercise its power under Article 324 with request to superintendence, direction and control of the conduct of elections to parliament and the state legislatures to redress violations of the fundamental rights and to protect the purity of the electoral process and there is a good reason why the court must take steps for simultaneous election, plea said.
The plea further avers that the compulsory voting promotes political participation by making voting a civic duty. When voting is compulsory, people are more likely to take interest in politics and become engaged in democratic process.
This can help to overcome voter’s apathy, which is a significant problem in India. Many people are disillusioned with political system and feel that their votes do not count. Compulsory voting can help to restore faith in the democratic process and encourage people to become more involved in politics.
It is further submitted that Constitution provides for the right to vote as a fundamental right under Article 326.This right is subject to reasonable restrictions imposed by law. Compulsory voting can be implemented as reasonable restriction in the interest of ensuring the smooth functioning of democracy. The Supreme Court has also held that right to vote is a statutory right, and the government has the power to impose reasonable restrictions on this right.
It has sought a direction to the Law Commission to prepare a report on compulsory voting.
