Should Voting be Made Compulsory: Jan 25 National Voter’s Day- PROF. K. NAGESHWAR

The Gujarat government’s decision to make voting compulsory in the local bodies’ elections triggered off a debate on the impact of compulsory voting on the Indian democracy.  The large scale indifference of voters especially the affluent and the middle class, metropolitan voters to exercise their franchise created an out cry among the democratic sections of the society. The low voter turnout and the fractured mandate in a fragmented polity is making a mockery of the representative character of Indian democracy. Emerging anguish out of this state of affairs is giving scope for an approval to such measures like compulsory voting even among the right thinking sections of the society. To begin with such policy changes having larger ramifications to society in general and democratic polity in particular should have taken after a larger public debate and greater political consensus. At least Gujarat government headed by Narendra Modi is certainly not a good choice for introducing reforms to strengthen democratic values.

The debate over compulsory voting is not being heard for the first time now. Even the apex court has expressed its opinion on this. The major political parties like the ruling congress and the Left parties objected to this move of the BJP government headed by Modi. The Supreme court has earlier dismissed a law suit that wanted to make voting by all eligible voters compulsory in elections for various legislative bodies. A bench comprising of Chief Justice KG Balakrishnan and Justice P Sathasivam dismissed the suit  as early as in April 2009 on some other occasion. But, Supreme Court observations made at that time are relevant today in the wake of Gujarat government’s decision. This is the first ever such attempt in our country.

The Supreme Court observed that people can not be taken to polling booths by enacting laws. The court observed if people in Kerala and other states were coming out in large numbers to exercise their franchise, it was because of their awareness, not due to any legal provisions. The Supreme court bench referred to the fact that India was recording up to 60 percent voting  in various elections  and that was satisfactory.

The law suite demanding a law to make voting compulsory by eligible voters had been filed by Atul Sarode from Savda district of Maharashtra.

Given these observations expressed by the apex court, the Gujarat government’s decision has to undergo the judicial scrutiny.

Infact the National election studies by Centre for Developing Studies (CSDS) reveal that there has been a steady rise in the percentage voting in Indian elections since independence. The voting in India is even better than that of United States. This is not to justify the voter apathy but to question the cynicism over Indian democratic experience. Yet an another trend prominently noticed in India is that the voting tally in state Assembly elections is usually higher than that of Parliament elections. In comparison, voting in the election bodies in the elections to local bodies is generally higher .What does this indicate. The voters tend to vote more as the proximity between the political system and the people increase. Low voting turn out is certainly a cause of concern. But, we can not look for undemocratic solutions to problems in democracy. Let us also recall the experience of Internal Emergency of 1975. There was a sense of fear in the society. Offices functioned punctually.  Family Planning targets were met. The colleges and Schools functioned normally. Can we welcome emergency? People cynical of democratic deficit often suggest that India will prosper if there is a military dictatorship. But, the experiences of military dictatorships like Pakistan are before us.

Infact, what is required immediately is compulsory education, compulsory provision of health, shelter, food, drinking water, sanitation. There should be an act making  compulsory for the members of legislature and parliament to attend the sessions.

Is voting an end or a means in democracy? People voting to install a good government is the end. Voting is only a means to accomplish this end. What is the use making the means compulsory when one does not have a control on the end. We can bring the voter to the polling by coercion. But, can we make him or her to vote for a good candidate by coercion. Force can not instill a good and responsible voting behaviour. Compulsory voting in the absence of awareness and consciousness may lead to reckless and irresponsible voting behaviour. This would harm the Indian democracy more. The cure can not be worse than the disease.

The Article 19 (1) (a)  of the constitution guarantees every citizen freedom of expression. voting is also an expression of this freedom. Freedom to not to express opinion is inherent in the right to express. The founding fathers of Indian constitution deliberately differentiated between the fundamental rights and fundamental duties. Any attempt to blur this may lead to abrogation of fundamental rights. Once we accept the concept of force what ever may be the reason, it will encourage the cult of coercion which will be detrimental to democracy. Regimentation is not a solution to correcting distortions  in peoples behaviour.

Infact, one can accept the concept of compulsory voting at least for the sake of an argument only if all the other democratic alternatives were exhausted. Many steps can be taken to improve the voting. The first step should be cleaning up the polity. The prevailing political culture is not inspiring enough for the people to come forward to vote. The criminalization of politics, bad governance are creating a sort of cynicism among the voters. The average voter is not in a position to feel that his or her  life will change by exercising franchise. Bridging this great democratic disconnect is urgently needed to enthuse voters.

The voter lists are faulty .There are always complaints of missing voters. Perfect voter list is not an impossible task. Many voters do not come out to vote as they do not have information of the polling booth in which they have to cast their vote. The political parties normally distribute voter slips. But, every party does this in their strongholds. But, the election commission can itself send such information to all the eligible voters by post. It does not cost much. On the spot registration of voters should be permitted subject to submission of proper documentation. Mobile voting, Online voting, Any where voting should be introduced. Transport facility can be provided by election authorities on the day of elections to facilitate voters.

Increased voter awareness, greater politicisation of masses, improved literacy etc., can go a long way in improving the voting. The idea of compulsory voting may gain some credence only after attempting all and many such measures to encourage voters to vote.

There are several problems in implementing the compulsory voting. How to implement the penalties for non compliance with the law? An army of bureaucracy is required to do so. There is a possibility of poor and the  weak facing official harassment .For instance more than ten lakhs people migrate to far off  places in search of work from Mahaboobnagar district alone. How to ensure these migrant  labourers  comply with the law.

Any hasty move without a proper debate and closer scrutiny is fraught with dangerous consequences for the Indian democracy and society.

FOR MORE ON SAME ISSUE CLICK HERE