The Bench also expressed concern regarding the underprivileged sections of society. The Bench asked, “If a poor man says, ‘I need to earn my daily wages,’ how can I go and vote? What are we supposed to tell them?”
Supreme Court on Mandatory Voting: The Supreme Court refused to entertain a petition seeking mandatory voting in the country. The Court stated that such a directive falls within the realm of policy and cannot be issued by the judiciary. A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi observed that the Court cannot hear petitions demanding penal action against those who deliberately abstain from voting, nor can it mandate voting.
Directions to Approach Concerned Authorities
The Bench directed the Public Interest Litigation (PIL) petitioner, Ajay Goyal, to approach the concerned authorities regarding his grievances. The petitioner had also requested that guidelines be issued to withhold government benefits from individuals who deliberately abstain from voting. The Chief Justice remarked, “Democracy relies more on public awareness than on legal coercion. In a country governed by the rule of law and committed to democracy—where we have demonstrated our faith and confidence for over 75 years—everyone is expected to vote. If they choose not to go, they simply won’t go. There is a need for public awareness, but we cannot compel anyone.”
Practical Difficulties Highlighted
During the hearing, the Bench took cognizance of the practical difficulties associated with mandatory voting laws, noting that many citizens—including judges—are required to report for work on election days. The petitioner had suggested that the Court should direct the Election Commission to withhold government benefits from those who fail to cast their votes. The Chief Justice questioned the rationale behind deeming staying at home a punishable offense. He remarked, “If we were to accept your suggestion, my colleague, Justice Bagchi, would be compelled to travel to West Bengal to cast his vote, despite it being a working day.”
The Bench also expressed concern regarding the underprivileged sections of society. The Bench asked, “If a poor man were to say, ‘I need to earn my daily wages,’ how is he supposed to cast his vote? What are we to tell him?” The petitioner argued that the Election Commission should be directed to constitute a committee to suggest measures to deter those who fail to exercise their right to vote. However, the Chief Justice observed, “We are doubtful as to whether these issues fall within the realm of policy.”