Hon.
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 or100
not to express. So, if we enforce compulsory voting, then it goes against the
mandate of Article 19 of the120 Constitution of India which specifically
provides that it is within the sweet will of the individual, and the
right to140
vote 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 not200 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 will240 not withstand the 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 to280 register himself as a
voter. But it is not a duty to register himself as a voter. No duty has300
been cast under Article 326 of the Constitution. It is an option available to
every citizen of India.320 He can either register himself as a
voter or he need not register himself as a voter. Therefore, in my
view, this Bill cannot withstand the tide of judicial scrutiny and such a
law cannot be enacted by Parliament. If360 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 Public
Distribution System and so on. But if a citizen has not cast his vote,400
he cannot be denied these facilities on that count. So, such a law
cannot be enacted. We can only persuade420 the voters and such
type of persuasion is possible by providing political education. Apart from
this, there is one more thing. In rural and urban areas, we are applying
the same yardstick. The Election Commission is required to see to it. In
the urban areas where the distance from the polling booth is less, the polling
booth should be installed480 on the basis of the number of
voters. Normally, in one polling booth, around 1,000 voters are there. The500
same yardstick cannot be applied with respect to the rural areas where 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 it that560 at least in the rural
areas, we must have more polling booths.
Here,
I would like to make a suggestion., If the number of polling booths in a Lok
Sabha Constituency is 2,500, then instead of doing600
anything else, they should increase the number of booths to four times. Automatically,
the percentage of voting would increase. The voting percentage is very poor
only because of lack of communication and lack of transport facilities.
Nowadays, due to political education, the voting percentage has increased to 60
per cent or sometimes even to 70 per cent. So, even in640 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 in small
settlements and the polling booth is not easily accessible, the
percentage of700 voting is very poor.
Secondly,
if you want to see transparency in the electoral process, then more polling
booths will720
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
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 reform can be introduced by the Election Commission. Sir, this issue
has also arisen a number800 of times before the Supreme Court. The
same issue also came up before this august House with respect to the
compulsory voting. This matter went before the Gujarat High Court and even
before the Supreme Court. The matter was agitated840 there, and it was
finally decided that ‘right to vote’ cannot be converted into ‘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, this900
Bill cannot be passed by this House. I would like to mention here
that when this Bill came up before Parliament in 1950, 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. So, it was rejected by the
Parliament on the grounds that960 there are so many practical
difficulties, and therefore, it cannot be implemented.
Thereafter,
in 1990, the Goswami Committee was980 constituted and it also rejected the
idea of compulsory voting. Again, in 2001, the National Commission to
Review1000
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, one hon. Member of Lok Sabha1080 moved the Bill on
compulsory voting. In 2009 also, one hon. Member of Lok Sabha moved the Bill1100
on the same subject. It was discussed and debated in the Parliament, and
finally it was withdrawn. This issue was1120 raised before the Supreme Court 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 a duty. It goes against the
mandate of1200
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. Now, I request other1260 hon. Members to speak because this
opportunity should also be given to other Members.
Hon.
Speaker Sir, I rise to1280
support this Bill. Sir, in our country, the voting percentage is
coming down after each election. Our literacy rate has1300
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 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 democracy1400. Why is the voting
percentage coming down? In northern parts of India, we have 45 to 55 per
cent voting and at the most we have 60 per cent voting. Is it a fact that
people are losing1440 their faith in our political system?
There are increasing instances of corruption, favouritism, communalisation,
and caste divide in our political set-up. It has affected the quality of
our body politic. Sir, people in many parts of the country do not have
faith in their representatives. People feel that politics is for the
personal gain of the elected representatives, for their1500
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
and constitutional institutions belong to them.1563
