The Electoral Commission has published the schedule of five council elections to be held between April and May 2026 | Photo credit: PTI
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The Election Commission has announced the election schedule for five assembly elections to be held between April and May 2026. In a separate hearing before the Supreme Court in a poll-related matter, the court raised questions about compulsory voting in the elections.
What is the right to vote in India?
Article 326 of the Constitution guarantees every citizen the right to vote without any discrimination. It provides that every citizen who is not less than 18 years of age and is not otherwise disqualified under the Constitution or any law for certain reasons has the right to be registered as a voter.
Section 19 of the Representation of the People Act 1950 requires a citizen to be at least 18 years of age and ordinarily resident in a constituency to be registered as a voter. Section 62 of the Representation of the People Act 1951 gives the right to vote to any person whose name is entered in the electoral roll of a constituency. In various cases, the Supreme Court has held that the right to vote is a statutory right.
Should voting be compulsory?
Elections are necessary for a functioning democracy, but they are neither a fundamental nor a legal obligation in India. Proposals for compulsory voting have been debated for a long time.
The Dinesh Goswami Committee on Electoral Reforms, set up in 1990, did not favor compulsory voting, citing practical difficulties in implementation. Instead, she recommended improving voter participation through awareness campaigns.
The Law Commission in its 255th Report (2015) discussed this issue in detail. Compulsory voting actually increases voter turnout by about 7% on average. However, this increase in participation is a direct result of the rigor and strict enforcement of penalties for absenteeism.
Some democracies, such as Australia and several Latin American countries, have provisions for compulsory voting. In Australia, Argentina and Brazil, voters can be fined if they do not vote without valid reasons. In Peru, non-voters are denied certain public goods and services.
Penalizing non-voters by imposing fines or restricting their access to government services is an extremely harsh measure that will not work in the Indian context. From a constitutional point of view, compulsory voting could be seen as a violation of the fundamental right to freedom of expression under Article 19(1).
What might be the way forward?
Low voter turnout can result in candidates winning by securing a minority of the total votes in a constituency.
However, as stated in the Law Commission report, compulsory voting is neither desirable nor feasible in India. The solution lies in fostering enthusiasm among voters to exercise their right to vote through innovative campaigns, especially using social media.
For migrant workers, stricter enforcement of the statutory holiday on election day, together with the expansion of transport facilities by operating special buses and trains, can effectively increase turnout. With the advent of newer technologies, robust and secure remote voting methods acceptable to all stakeholders should be considered.
(Rangarajan R. is a former IAS officer and author of ‘Courseware on Polity Simplified.’ Currently training at the Officers IAS academy. Opinions expressed are personal)
Published – 23 March 2026 08:30 IST
