'Can't Compel People To Vote' : Supreme Court Rejects Plea Seeking To Make Voting Mandatory

The Supreme Court on Thursday (April 16) rejected a Public Interest Litigation seeking directions to introduce compulsory voting in India along with penal consequences for citizens who deliberately abstain from voting, observing that participation in elections cannot be enforced through coercive measures.A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi remarked that while citizens are expected to exercise their franchise in a democracy governed by the rule of law, the State cannot compel individuals to vote.During the hearing, the petitioner's counsel suggested that the Court could direct the Election Commission of India to constitute a committee to frame guidelines for compulsory voting and consider restrictions on access to certain government amenities for those who fail to vote without valid reasons.Responding to the submission, the Chief Justice questioned the feasibility and legality of enforcing such a mandate."If a citizen doesn't go for voting, what can we do? Should we direct he should be arrested? In a country which is governed by rule of law, every voter is expected to go and cast vote. It is a matter of public awareness. There should be public awareness campaign about right to franchise...but we can't compel," CJI observed.The Bench emphasized that voter participation is fundamentally a matter of civic awareness rather than legal compulsion. It observed that efforts should be directed towards strengthening public awareness campaigns about the importance of the right to vote, instead of imposing punitive measures.Disposing of the petition, the Court held that the issues raised fall within the policy domain and are best addressed by the appropriate legislative and executive authorities. The petitioner was granted liberty to approach the concerned stakeholders for consideration of the proposal.Recently, while hearing another matter, CJI Surya Kant, after expressing concerns over the low polling percentage, especially in urban areas, had orally observed that there must be some mechanism to make voting compulsory.Case :AJAY GOEL Vs UNION OF INDIA | W.P.(C) No. 464/2026

'Can't Compel People To Vote' : Supreme Court Rejects Plea Seeking To Make Voting Mandatory

Debby Jain

The petitioner proposed that person who refused to vote must be denied Government's amenities.

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