Voting a choice, cannot make it mandatory: Delhi High Court | Latest News India - Hindustan Times
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Voting a choice, cannot make it mandatory: Delhi High Court

Mar 18, 2023 05:31 AM IST

Delhi high court refused a public interest litigation (PIL) seeking the Election Commission of India (ECI) to make voting compulsory in the Parliament and State Assembly elections.

Voting is a right and a choice for people and constitutional courts cannot force citizens to vote, the Delhi high court said on Friday as it refused to entertain a plea by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Upadhyay to make voting mandatory in Parliamentary and assembly elections.

The petitioner said compulsory voting has been successfully implemented in countries like Australia, Belgium and Brazil and these countries have seen significant increase in voter turnout. (ANI)
The petitioner said compulsory voting has been successfully implemented in countries like Australia, Belgium and Brazil and these countries have seen significant increase in voter turnout. (ANI)

“That’s (voting) their (people’s) right, their choice. You want us to force someone who is in Chennai to leave everything, to go vote in Srinagar, police should catch hold of the person to give vote in Srinagar and then go back to Chennai,” a bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad said while chastising Upadhyay.

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“We are not lawmakers. We cannot pass such directions,” the bench said as the petition sought direction to the Centre and Election Commission to make voting compulsory in Parliament and assembly elections.

“Is there any provision in the Constitution that makes voting compulsory?” the bench added, while warning the petitioner-in-person of imposing cost on him.

The court also refused to direct the Election Commission to treat the petition as a representation.

After some arguments, Upadhyay withdrew the petition.

In his plea, Upadhyay had said that compulsory voting will ensure every citizen has a voice, will improve the quality of democracy and secure the right to vote. The plea also said that low voter turnout is a persistent problem and compulsory voting can help increase the turnout, particularly among marginalised communities.

“When voter turnout is high, the government is more accountable to the people and is more likely to act in their best interests,” the plea said.

“Compulsory voting promotes political participation by making voting a civic duty, and when voting is compulsory, people are more likely to take an interest in politics and get engaged in the democratic process,” it added.

The plea also said that compulsory voting will ensure that elected representatives are chosen by a larger and more representative group of people, which will increase the legitimacy of the government.

The petitioner said compulsory voting has been successfully implemented in countries like Australia, Belgium and Brazil and these countries have seen significant increase in voter turnout.

As an alternative prayer, the plea had urged the court to direct the Election Commission to use its plenary constitutional power to increase voters’ turnout in the elections for Parliamentary and state assemblies. It had also sought a direction to the law commission to prepare a report on compulsory voting.

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