Supreme Court on Voting Rights

The Election Commission of India has announced the schedule for five Assembly elections to be held in April–May 2026. The development has brought focus on voting rights, statutory provisions, and the debate on compulsory voting.

Right to Vote and Compulsory Voting in India:

Dimension	Key Details
Constitutional Provision	Article 326 provides for elections to Lok Sabha and State Assemblies based on adult suffrage for citizens aged 18 years and above
Eligibility to Vote	Section 19 of Representation of the People Act 1950 provides eligibility as 18 years of age and ordinary residence in a constituency
Right to Vote	Section 62 of Representation of the People Act 1951 provides voting rights to persons whose names are on the electoral roll
Nature of Right	Supreme Court provides that the right to vote is a statutory right and not a fundamental right
Compulsory Voting Status	Voting is neither a fundamental duty nor a legal duty in India
Committee Views	Dinesh Goswami Committee 1990 and 255th Law Commission Report 2015 do not favour compulsory voting and recommend awareness based approach
Constitutional Concern	Compulsory voting may violate Article 19(1) as abstention from voting is also a form of expression
Global Practices	Australia Argentina and Brazil provide compulsory voting with fines while Peru provides denial of certain public services
Suggested Measures	Provides awareness campaigns social media outreach statutory holiday for migrant workers and exploration of remote voting systems