A Public Interest Litigation, titled Satya Prakash vs. Election Commission Of India & Ors, under Article 32 of the Constitution, on account of non active involvement of the people for casting their votes in the Hon’ble Supreme Court Of India which is listed today i.e. 25.08.2014 before Court no. 2, HON’BLE MR. JUSTICE H.L. DATTU & HONBLE MR. JUSTICE S.A. BOBDE and after hearing the arguments at length the Hon’ble court was pleased to issue notice to Election Commission of India and Union of India. Mr. Vipul Maheshwari has argued about the issues and problems of low voting rates in India. That people are the real rulers in a democracy. There are Fundamental Rights and also fundamental duties enshrined in our constitution in Article 51-A. The only time we as people are asked to perform our duties to the country are when we are asked to vote. That people of India enjoys fundamental rights more particularly under Articles 14, 19(1) (a), 19 (1) (d), 19 (1) (e), 21 and 22 of the Constitution of India but the accountabilities do not include the responsibility of casting their votes. In essence, Mr. Maheshwari sought certain directions/ orders/ guidelines from the Hon’ble Court in relation to active involvement of people for casting of votes from the Election Commission of India so that maximum people exercise their right to cast vote. Mr. Vipul Maheshwari, has also expressed its concern and anguish with regard to the conditions of electoral and voting procedure in India. It has also been mentioned in constituent Assembly debates of 4th January, 1949 that it may be necessary in the future years when election will be very costly and people may not come to the polling station, you may have to have provision as exist in some other constitution, that there must be compulsion for voters to come and vote. That earlier also, the Government of India appointed a Committee to operationlise the suggestions of each fundamental duty of the citizens of India under the Chairmanship of Justice J.S. Verma in the year 1998, which submitted its report in October 1998. The Committee recommended that the duty to vote in an election, especially to participate in a democratic process of the Government and to pay taxes, should be included in Article 51A of the Constitution. That as per report of the National Commission to review the working of the Constitution, some scholars and concerned citizens suggested that voting should me made all citizenship obligations. Voting is compulsory in many countries. Many eminent Indians including distinguished former President and elderly citizen Shri R. Venkataraman strongly favoured making voting compulsory. In review of the Election Laws, Process and Reform options dated 08.01.2008, Goswami Committee had recommended a scheme of multipurpose voting identity card, the possession of which would become compulsory for all elderly citizens. This citizenship card could be used as an identity for many benefits that are provided by Government Agencies, for example, issuance of ration card, Passport, Driving Licence, any agricultural products that are free or subsidized, telephone for individual, application for Government or private jobs, for opening bank account, etc. The Petitioner in the Public Interest Litigation has made prayer that Election Commission of India and Union of India to frame guidelines for effective election process so that more people can participate in voting and the concept of democracy can be sustained to increase the percentage of voting.
Posted on: Mon, 25 Aug 2014 11:24:37 +0000
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