Mr.
Chairman, Sir, I thank you very much for
giving me this opportunity. The debate on the Compulsory Voting Bill could
not be concluded last time and it was two years back. Now, I have to
continue my remaining speech on this Bill. Sir, we know that
India is a democratic country and our democracy is mature. That is why, way
back in 1950, we included Fundamental Rights in our Constitution. So, if
we see the Constitution of India, Article 19 provides for freedom of speech and
expression. The word ‘expression’ means it is a right to express or not to
express. So, if we enforce compulsory voting, then it goes against the mandate
of Article 19 of the Constitution120 of India which specifically
provides that it is within the sweet will of the individual, and the right
to vote140
(1) or not to vote is a fundamental right of the citizen. At the same
time, if we see Article160 21 of the Constitution of India, it says
that no person shall be deprived of his life and liberty except in accordance
with the law. When we see the word ‘liberty’, it includes the right to vote and
not to vote. It includes both. So, it cannot be enforced in view of the mandate
of Fundamental Rights which have been provided under Articles 19 and 21
of the Constitution. If such a law is enacted, then it will not withstand240
the tide of judicial scrutiny before the court of law.
Sir,
if we see Article 326 of the Constitution of India, it is provided that any
citizen can register himself as a voter. He has a right to register himself as280
a voter. But it is not a duty to register himself (2) as a voter.
No duty has been cast under Article 326 of the Constitution. It is an option
available to every citizen of India. He can either register320 himself as a voter or
he need not register himself as a voter. Therefore, in my view, this
Bill, basically, cannot withstand the tide of judicial scrutiny and such a law
cannot be enacted by Parliament. So, at the360 most, if we want to increase the
percentage of voting, then certain incentives may be provided by the
Government by making a provision under various schemes like PDS and so on.
But if a citizen has not cast his vote, he cannot be denied these
facilities on that count. So, such a law cannot be enacted. We can only
persuade the voters420 and such type of persuasion is possible
by providing political education. Apart from this, we can do one more thing.
In rural and urban areas, we are applying the same yardstick. (3)
The Election Commission is required to see to it. In the urban areas where the
distance from the polling booth is less, the polling booth480 should be installed on
the basis of the number of voters. Normally, in one polling booth, around
1,000 voters are there. So, the same yardstick cannot be applied with
respect to the rural areas where the people are living in small settlements
and where the distance from polling booth is sometimes 10 kilometres. They are
poor people; they do not have proper communication; they do not have
transport system in the rural areas. Therefore, the Election Commission is
required to see to it560 that at least in the rural areas, we
must have more polling booths.
Here,
I would like to make a suggestion. Suppose, in one Lok Sabha Constituency,
the number of polling booths is 2,500; and instead of600 doing anything more,
if they increase the number of booths to four times, then nothing (4)
more is required. Automatically, the percentage of voting would
increase. Only due to lack of communication and lack of transport, the voting
percentage is very poor.640 This is the main reason for low voting
percentage. Nowadays, voting percentage has increased. Due to political
education, it has increased to 60 per cent or sometimes even to 70 per cent.
So, even in the rural areas, where there is a particular concentration, then in
that particular booth, we see a good percentage of voting. But where people are
living in700
small settlements and the polling booth is not easily accessible, the
percentage of voting is very poor. 720
Secondly,
if you want to see transparency in the electoral process, then more polling
booths will be required. Otherwise, the candidate, on the basis of his money
power, can provide more vehicles and fetch more votes. Therefore, in the rural
areas, the number of polling booths should be increased. The distance from the
polling (5) booths should not be more than two kilometres so that
every voter can exercise his right to franchise. So, this modality can
be adopted and this reform800 can be introduced by the Election
Commission. Sir, this issue has also arisen a number of times before the
Supreme Court. The same issue also came up before this august House with
respect to the compulsory voting. This matter840 went before the Gujarat
High Court and even before the Supreme Court. The matter was agitated there,
and it was finally decided that the ‘right to vote’ cannot be converted into the
‘duty to vote’. There is a difference. Once it is done, it would contravene the
mandate of Articles 19 and 21 of the Constitution of India. Sir, we are a
democratic country; and in my view, such types of rights cannot be enforced.
So, this Bill cannot be passed by this House. Apart from this, when this Bill
came up before Parliament in 1950, (6) this issue was debated; and even
Dr. Ambedkar opposed it and said that compulsory voting cannot be introduced in
the Representation of the People Act.960 So,
it was rejected by the Parliament on the grounds that there are so many
practical difficulties; and so,980 it cannot be implemented.
Thereafter,
in 1990, the Goswami Committee was constituted and it also rejected the idea of
compulsory voting. Again, in 2001, the National Commission to Review the
Working of the Constitution was constituted. This Commission also rejected the
move of compulsory voting. Later, another committee was constituted and it also
opined that no compulsory voting can be permissible and it cannot be
implemented. The Committee also said that there are so many practical
difficulties in implementation of compulsory voting and it can only be
done by way of persuasion as well as by political education. Similarly,
in 2004, one1080 hon. Member of Lok Sabha moved the Bill on
compulsory voting. In 2009 also, (7) one hon. Member of Lok Sabha moved
the Bill on the same subject. It was discussed and debated in the Parliament,
and finally it1120 was withdrawn. This issue was raised before
the Supreme Court also in 2009 and it was dismissed by the Supreme Court. Recently,
in Gujarat, for the election of local bodies, this Bill was assented to by the
Governor of Gujarat. But finally, it was decided by the Gujarat High Court that
such type of a law cannot be enforced because compulsory voting is not
possible. It is only a right and it cannot be converted into duty. It
goes against the mandate1200 of the Fundamental Rights enshrined under
Articles 19 and 21 of the Constitution of India. So far as the duties under
Article 51 are concerned, even that duty is not there as far as the Directive
Principles of the State Policy are concerned. Sir, I have already made my
submission extensively on the last occasion. (8) Now, I request other
hon.1260
Members to speak because this opportunity should also be given to other
Members.
Hon.
Speaker Sir, I rise to support1280
this Bill. Sir, in our country, the voting percentage is coming down after each
election. Our literacy rate has gone up. Our educational facilities
have also improved. So, we are among those countries which have the largest
number of literate populations. But, the voting percentage is falling, whether
it is local bodies’ elections, State Assembly elections or Lok Sabha elections.
Kerala has hundred per cent literacy. Even in Kerala, in the local bodies’
elections, we get 85 per cent of voting. In the State Assembly elections,
we get 75 per cent voting. The percentage of voting for Lok Sabha elections is
even lower than this. Sir, this is not a healthy sign for the growth of
our democracy. Why is1400 the voting percentage coming down? (9)
In northern parts of India, and other parts, we have 45 to 55 per cent and
at the most we have 60 per cent voting. Is it a fact that people are losing
their faith1440
in our political system? There are increasing instances of corruption, favouritism
and growing communalisation and caste divide in our political set-up. It has
affected the quality of our body politic. Sir, people in many parts of our country
do not have faith in their representatives. People feel that politics is
for the personal gain of the elected representatives, for their parties,
and for their families. So, the society does not have faith in
our politicians. In other words, people are moving away from the political
system. So, the political parties should reset their political agenda to
bring back the public interest. Corruption must be wiped out from our
society. People should be made to feel that political (10) and
constitutional institutions belong to them.1563
