The Supreme Court on Tuesday discussed mechanisms to make voting compulsory in India to boost turnout, citing examples from other countries who have enforced compulsory voting, and also questioned whether
the NOTA (None of the Above) option has had any real impact on elections.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard a petition filed by the Vidhi Centre for Legal Policy, which has challenged a provision in the Representation of the People Act, 1951. The provision, Section 53(2), allows a candidate to be declared elected without a single vote being cast if no one else files a valid nomination. The petitioners suggested that the elections be held in such cases, so voters can press NOTA if they dislike the only candidate in the fray.
Chief Justice Kant orally remarked that the court had been thinking about a mechanism to make voting compulsory, though not one that punishes people harshly. “Sometimes it feels like we need to have some compulsory mechanism, not very harsh, but some compulsory mechanism, to ensure that people go and vote,” he said.
He also noted that voting day in rural India often looks very different. Women, he said, treat it as a day of celebration, stepping away from daily labour and heading to polling booths in groups, singing along the way. “Women voters have perpetually increased,” Justice Bagchi added.
Countries Where Voting Is Actually Mandatory and Enforced
While India debates the idea, a number of countries have implemented compulsory voting for decades. According to Pew Research Center, citing data from the International IDEA (International Institute for Democracy and Electoral Assistance), 27 countries worldwide have compulsory voting laws, but the law is actually enforced in only 13 of them. The rest have it on paper and leave it there.
Here are the key countries where mandatory voting is enforced:
- Australia: One of the most well-known cases. Compulsory voting has been in place since 1924, making Australia one of the earliest adopters. Eligible voters who skip elections without a valid reason face a fine. If unpaid, the matter can escalate to court, where the penalty goes higher. Turnout consistently crosses 80 per cent, and in many elections, nudges past 90.
- Belgium: Belgium introduced mandatory voting as far back as 1892, making it one of the oldest such systems in the world, as recorded by International IDEA. Skipping the ballot can lead to fines, and repeated non-participation over multiple elections can result in losing the right to vote for ten years and create hurdles in accessing government employment.
- Brazil: Voting is mandatory for citizens between 18 and 70 years of age. Those aged 16 to 17 and those above 70 can choose whether or not to vote. Non-compliance without a valid reason means fines, and until those fines are cleared, citizens can face trouble getting passports and other government documents.
- Argentina: Compulsory voting for those aged 18 to 70, with the law on the books since 1914. Fines apply for those who skip without reason, and repeat offenders can find it harder to carry out certain civic functions. Turnout regularly crosses the 75 per cent mark.
- Peru: Voting is mandatory for citizens between 18 and 70 years of age. Non-voters face fines and restrictions on accessing government services, making Peru one of the more strictly enforced cases in Latin America.
- Uruguay: Considered one of Latin America’s most stable democracies, Uruguay enforces compulsory voting and has maintained some of the region’s highest turnout figures for decades. Fines apply for those who do not comply, and the law has broad reach across the eligible population.
- Singapore: Citizens who do not vote without a valid reason are removed from the electoral register entirely. Getting back on it requires both a valid explanation and a fee. The system has kept turnout consistently above 90 per cent.
- Ecuador: Mandatory voting for citizens between 18 and 65 years of age. Those outside this bracket can vote voluntarily. Penalties for non-compliance are in place, and the law has been a feature of Ecuador’s electoral framework for decades.
- Luxembourg: Compulsory voting applies to citizens aged 18 to 75, with exemptions for those above that age and for foreigners who have voluntarily enrolled on the electoral register. Fines are levied on those who skip without reason.
- Nauru: This Pacific Island nation, one of the world’s smallest, has compulsory voting with enforcement mechanisms in place. It is a reminder that mandatory voting is not just the domain of large or wealthy states.
- Bolivia: A voter receives a card after casting their ballot. Without it, they cannot access their bank salary for up to three months after the election. According to International IDEA, the inability to withdraw wages is among the more practically impactful enforcement mechanisms used globally.
- Paraguay: It is included among countries with moderate but real enforcement, according to research published by the UK Electoral Commission. A fine is imposed on non-voters who cannot provide a legitimate reason for their absence.
- Thailand: It is listed among countries with strict enforcement in the Electoral Commission research, with non-voters facing restrictions on civil rights, including the right to propose legislation, to impeach ministers, or to hold political positions.
