The Supreme Court has ruled that while participation in elections is vital to a democracy, citizens cannot be compelled to vote. The court emphasized that awareness, not coercion, is the appropriate means to strengthen electoral participation.
A bench headed by Chief Justice of India Surya Kant and comprising justices Joymalya Bagchi and Vipul M Pancholi said that any move to impose penal or other consequences for not voting falls within the policy domain of the legislature.
The court granted liberty to the petitioner, Ajay Goel, to approach the appropriate authorities and flagged the practical realities that may prevent citizens from voting, including economic compulsions and personal circumstances.
The Supreme Court has consistently held that voting is a statutory right coupled with a constitutional underpinning, rather than an enforceable duty.
Countries across the world have experimented with compulsory voting, often backed by penalties for abstention, but India does not have a nationwide framework mandating voting.
