New Delhi: The Supreme Court of India on Thursday, April 16, 2026, declined to entertain a Public Interest Litigation seeking to make voting compulsory across the country. A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, ruled that such a mandate falls strictly within the policy domain of the government and cannot be dictated by the judiciary. The court emphasized that democratic participation must be driven by public awareness and civic responsibility rather than legal coercion or punitive measures. The petitioner, Ajay Goel, had urged the court to direct the Election Commission to implement penal consequences for non-voters and restrict government benefits for those who willfully abstain from exercising their franchise.
During the proceedings, Chief Justice Surya Kant remarked that for 75 years, India has demonstrated a deep-seated belief in democracy through voluntary participation. He questioned the logic of criminalizing the act of staying home and asked rhetorically if the court should direct the arrest of those who do not vote. The bench highlighted that awareness is the key to increasing turnout, not compulsion. The court also pointed out the significant practical hurdles of a mandatory voting law, noting that many citizens, including essential workers and judicial officers, are required to perform their professional duties on election days. Justice Bagchi added that judicial work is equally important and should not be disrupted by a mandatory requirement to travel for voting on a working day.
The bench expressed particular concern for the marginalized sections of society, specifically daily-wage earners who might have to choose between earning a living and casting a vote. The judges noted that a legal mandate would unfairly burden the poor who cannot afford to lose a day’s wages. By referring the petitioner to the appropriate government stakeholders, the Supreme Court reaffirmed that any change to the current voluntary voting system is a legislative decision. The ruling comes as several states prepare for upcoming assembly elections, reinforcing the principle that the right to vote remains a voluntary exercise of democratic choice in India.
