Skip to main content

Compulsory voting law in Gujarat: Modi "abstained" from House when law was introduced in Dec 2009

OP Kohli
By A Representative
Gujarat governor OP Kohli’s recent decision to legitimise the controversial law, passed in the state assembly twice in the past, to make voting to local governing bodies compulsory, has come following five-year-long apprehensions in Gujarat that those who do cast their vote without “valid” reasons would face punitive, perhaps criminal, action. Called Gujarat Local Authorities Law (Amendment) Act, the law was first passed in the Gujarat state assembly on December 19, 2009. Interestingly, when the law was voted in the assembly, Gujarat chief minister Narendra Modi was not present in the House. He, instead, opted to "watch" the proceedings sitting in the chief minister’s chamber of the state assembly.
The law is known to have been drafted under the direct advice of Modi following "consultations" with the State Election Commission, responsible for holding local body polls, say insiders. Among those who took special interest in drafting the was was senior IAS bureaucrat Rajnikant M Patel, a Marxist-turned-saffron supporter, who resigned from the government to fight state assembly polls on BJP ticket in December 2012. Justifying the lw, Modi declared said that it would help “curb black money, rampant in electoral expense right now.” He did not explain how. Patel is currently BJP MLA from a constituency in Ahmedabad.
While the punitive actions are to form part of the rules to be drafted by the Gujarat government, and placed in the state assembly for a nod, the officials who drafted the Bill say these should include depriving individuals of advantages from government scheme. “If the citizen has rights, he or she should also have duties towards democracy”, a senior bureaucrat, who was one of the brains behind the compulsory voting law, said. If all goes well and it is not challenged, the law will take effect in the forthcoming elections to six municipal corporations, 31 district panchayats, 231 taluka panchayats and 53 nagarpalikas in Gujarat are due in October 2015.
The law defines the the voter failing to turn up to vote as “defaulter”, and the government will decide on what do with such a person. “Such defaulters may be deprived of below poverty line (BPL) card, government service, or subsidized loan”, the bureaucrat said. The defaulter will be declared as such by the election officer after serving notice to be replied within one month, explaining the reason for failing to vote.
The exempted category include a person who is “physically incapable due to illness”, or is “absent in on the date of election from the country or the state of Gujarat”. If the explanation is not to the satisfaction of the election officer, the defaulter would "face the tune."
Dr Kamla
Former governor Dr Kamla, who refused to sign the law twice, gave three reasons for her decision. First of all, to make voting to all local self-governing bodies compulsory was a violation of Article 19 of the Indian Constitution, which gives Indian citizens freedom of speech and expression. Secondly, the provision which seeks to punish those who do not turn up to vote was considered violation of the fundamental freedom of citizens. And lastly, there were several countries where compulsory voting had failed. These included Italy, Netherlands, Austria and Peru.
Dr Kamla also objected to clubbing the compulsory voting provision with 50 per cent reservation for women in local bodies as part of the same low. Objecting to this, Dr Kamla asked the government to come up with a new law, dropping the provision of compulsory voting, and preserving 50 per cent reservation, up from 33 per cent, for women in local bodies. But the Gujarat government refused to oblige.
In line with Dr Kamla’s views, the Opposition Congress all along demanded that the Gujarat government should come up with a separate bill in the forthcoming state assembly session to provide 50 per cent reservation to women in local bodies. “If the ruling BJP comes up with a separate bill on it, we will support it”, then opposition leader Shaktisinh Gohil had said, adding, “Several countries, which had made voting compulsory have reconsidered the provision, as they could not enforce it.”

Comments

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra  International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars. 

Dhurandhar: The Revenge — Blurring the line between fiction and political narrative

By Mohd. Ziyaullah Khan*  "Dhurandhar: The Revenge" does not wait to be remembered; it arrives almost on the heels of its predecessor, released on March 19, 2026, just months after the first film’s December 2025 debut. The speed of its arrival feels less like creative urgency and more like calculated timing—cinema responding not to storytelling rhythm but to the emotional climate of its audience. Director Aditya Dhar, along with actor Yami Gautam, appears acutely aware of this moment and how to harness it.

BJP accounts for 99% of political donations in Gujarat: Corporate giants dominate

By Jag Jivan   An analysis of the official data on donations received by national parties from Gujarat during the Financial Year 2024-25 reveals a staggering concentration of funding, with the Bharatiya Janata Party (BJP) accounting for nearly the entirety of the contributions. The data, compiled in a document titled "National Parties donations received from Gujarat during FY-2024-25," lists thousands of transactions, painting a detailed picture of the financial backing for political parties from one of India’s most industrially significant states.

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Captains extraordinaire: Ranking cricket’s most influential skippers

By Harsh Thakor*  Ranking the greatest cricket captains is a subjective exercise, often sparking passionate debate among fans. The following list is not merely a tally of wins and losses; it is an assessment of leadership’s deeper impact. My criteria fuse a captain’s playing record with their tactical skill, placing the highest consideration on their ability to reshape a team’s fortunes and inspire those around them. A captain who inherited a dominant empire is judged differently from one who resurrected a nation’s cricket from the doldrums. With that in mind, here is my perspective on the finest leaders the game has ever seen.

‘No merit’ in Chakraborty’s claims: Personal ethics talk sans details raises questions

By Jag Jivan  A recent opinion piece published in The Quint by Subhash Chandra Garg has raised questions over the circumstances surrounding the resignation of Atanu Chakraborty from HDFC Bank , with Garg stating that the exit “raises doubts about his own ‘ethics’.” Garg, currently Chief Policy Advisor at Subhanjali and former Secretary of the Department of Economic Affairs, Government of India, writes that the Reserve Bank of India ( RBI ) appears to find no substance in Chakraborty’s claims, noting, “It is clear the RBI sees no merit in Atanu Chakraborty’s wild and vague assertions.”