'Policy domain': Supreme Court refuses to consider plea to make voting compulsory

New Delhi: The Supreme Court on Thursday refused to consider a plea for direction to make voting compulsory in the country, saying that such a mandate fell within the "policy domain."

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked PIL petitioner Ajay Goel to approach the stakeholders with the grievances.

During the heading, the bench said democracy thrived on public awareness rather than legal coercion.

The bench also pointed out the practical difficulties of a mandatory voting law, as on election days, many citizens, including judges, are required to work.

"If we accept this, then my brother Justice Bagchi would have to go to West Bengal to vote even though it is a working day here," the CJI said. "Judicial work is also important," Justice Bagchi said. The bench said in a country governed by the rule of law and belief in democracy, where we have shown trust in it for 75 years, everyone is expected to go (and vote).

“If they don't go, they don't go. What is needed is awareness, but we cannot compel," the bench said.

The petitioner suggested that the court should direct the Election Commission to impose restrictions on government amenities for non-voters. The court questioned the logic of criminalising staying home.

"Should we direct their arrest? If a citizen doesn't go for voting, what can we do," the CJI asked. The bench also expressed concern for the marginalised sections of society. "If a poor person says, 'I need to earn my wages, how do I vote?' What should we say to them," the bench asked.

The petitioner said the Election Commission should be directed to form a committee to propose restrictions on those who fail to exercise their franchise. The bench said these issues fell in the policy domain.

The bench opined that the plea, which sought penal consequences for willful non-voters and aimed to make voting compulsory, cannot be dealt with by the court.

The petitioner also sought the issuance of guidelines to restrict government benefits for those who willfully abstain from voting.