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

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

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.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

MGNREGA: How caste and power hollowed out India’s largest welfare law

By Sudhir Katiyar, Mallica Patel*  The sudden dismantling of MGNREGA once again exposes the limits of progressive legislation in the absence of transformation of a casteist, semi-feudal rural society. Over two days in the winter session, the Modi government dismantled one of the most progressive legislations of the UPA regime—the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).