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

Plastic burning in homes threatens food, water and air across Global South: Study

By Jag Jivan  In a groundbreaking  study  spanning 26 countries across the Global South , researchers have uncovered the widespread and concerning practice of households burning plastic waste as a fuel for cooking, heating, and other domestic needs. The research, published in Nature Communications , reveals that this hazardous method of managing both waste and energy poverty is driven by systemic failures in municipal services and the unaffordability of clean alternatives, posing severe risks to human health and the environment.

Economic superpower’s social failure? Inequality, malnutrition and crisis of India's democracy

By Vikas Meshram  India may be celebrated as one of the world’s fastest-growing economies, but a closer look at who benefits from that growth tells a starkly different story. The recently released World Inequality Report 2026 lays bare a country sharply divided by wealth, privilege and power. According to the report, nearly 65 percent of India’s total wealth is owned by the richest 10 percent of its population, while the bottom half of the country controls barely 6.4 percent. The top one percent—around 14 million people—holds more than 40 percent, the highest concentration since 1961. Meanwhile, the female labour force participation rate is a dismal 15.7 percent.

The greatest threat to our food system: The aggressive push for GM crops

By Bharat Dogra  Thanks to the courageous resistance of several leading scientists who continue to speak the truth despite increasing pressures from the powerful GM crop and GM food lobby , the many-sided and in some contexts irreversible environmental and health impacts of GM foods and crops, as well as the highly disruptive effects of this technology on farmers, are widely known today. 

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.

UP tribal woman human rights defender Sokalo released on bail

By  A  Representative After almost five months in jail, Adivasi human rights defender and forest worker Sokalo Gond has been finally released on bail.Despite being granted bail on October 4, technical and procedural issues kept Sokalo behind bars until November 1. The Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP), which are backing Sokalo, called it a "major victory." Sokalo's release follows the earlier releases of Kismatiya and Sukhdev Gond in September. "All three forest workers and human rights defenders were illegally incarcerated under false charges, in what is the State's way of punishing those who are active in their fight for the proper implementation of the Forest Rights Act (2006)", said a CJP statement.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

'Restructuring' Sahitya Akademi: Is the ‘Gujarat model’ reaching Delhi?

By Prakash N. Shah*  ​A fortnight and a few days have slipped past that grim event. It was as if the wedding preparations were complete and the groom’s face was about to be unveiled behind the ceremonial tinsel. At 3 PM on December 18, a press conference was poised to announce the Sahitya Akademi Awards .