Gujarat has become the first State to make voting compulsory in local bodies after Governor O.P. Kohli recently gave his sanction by signing the controversial Gujarat Local Authorities Laws (Amendment) Bill, 2009.
“The Governor sent his assent to the Parliamentary Affairs Department last week. Now it is up to the government to publish [the rules] in the gazette. The implementation will begin after the official notification,” D.M. Patel, Secretary, Gujarat Legislative Assembly, told The Hindu on Monday.
Amid opposition from the Congress, the Bill was first passed in the Assembly in 2009.
Compulsory voting bill autocratic: Congress
The Gujarat Local Authorities Laws (Amendment) Bill, 2009 empowers an official chosen by the State Election Commission to declare an absent voter a “defaulter” except in case of illness or being out of station. The defaulter is liable for punishment but the nature of penalty is not specified.
The Bill also makes a provision for 50 per cent reservation for women in local bodies, raising the quota from 33 per cent.
Governor Kamla Beniwal returned the Bill to the Gujarat government for reconsideration, noting that it violated Article 19(1)(A) of the Constitution, which guarantees freedom of expression that also includes the right not to vote. She also recommended converting the women’s reservation clause into separate legislation.
However, the Narendra Modi-led State government reintroduced the Bill in its original form and passed it in 2011.
“This is a democratic country and this Bill is autocratic. An individual has the freedom whether or not to exercise his or her right to vote. We welcome the provision for women’s reservation, but the autocratic rule of compulsory voting violates fundamental rights,” Congress spokesperson Manish Doshi told The Hindu.
After Mr. Modi became Prime Minister, Ms. Beniwal was transferred from Gujarat to Mizoram as Governor in July and then dismissed from office. In August, O.P. Kohli assumed office as Governor.
