CEU Electronic Theses and Dissertations, 2017
| Author | Suresh, Sandeep |
|---|---|
| Title | Constitutional Legitimacy of Compulsory Voting in India: A Deontological Defense in light of the Australian Story |
| Summary | Generally, the practice of compulsory voting is seen, inter alia, as an excessive clampdown on individual liberty, which is a cornerstone of democratic societies. Hence, the popular view is that compulsory voting is not constitutionally legitimate. In that context, this thesis carries out a constitutional and moral analysis of the question whether compulsory voting is constitutionally legitimate in a democracy. This question is explored with a focus on India where, recently, there have been a few politico-legal developments regarding the viability of compulsory voting. Regrettably, there have not been any parallel academic discussions by scholars to rationalize those ongoing developments. This thesis wishes to seal that void. After thorough discussions about the said question in the Indian context along with comparative references to the Australian experience of compulsory voting, this thesis concludes that compulsory voting is constitutionally legitimate and does not unreasonably suppress individual liberty. Primarily, the thesis adopts a deontological approach to maintain that voting is a civic duty and a political right simultaneously. Hence, the right to vote does not entail the right ‘not to’ vote. This right is not essentially alike other personal rights like the right to freedom of religion as it entails a ‘public interest’ element. Furthermore, voting is the most fundamental tool of political participation that the citizenry must judiciously utilize to enhance legitimacy and representativeness of the elected government, and to hold it accountable to the real society. As the thesis’s support for compulsory voting in India stems from a deontological perception rather than a totalitarian stance, it does not explicitly advocate a sanction-based compulsory voting law. Instead, the thesis proposes an amendment to Chapter IVA of the Indian Constitution (Fundamental Duties) to make voting a fundamental duty of every Indian. |
| Supervisor | Smilov, Daniel |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/suresh_sandeep.pdf |
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