Why ex-Gujarat Guv Kamla Beniwal vehemently opposed compulsory voting?

She was of the opinion that forcing voters to compulsorily vote violates Article 21 of the Constitution

The present Gujarat Governor O P Kohli, appointed by the NDA government, might have signed the controversial bill making it compulsory for every voter to cast his vote during civic body elections, but the same bill was vehemently opposed since 2009 by former state Governor Kamla Beniwal primarily for violating fundamental rights. Beniwal, while returning the bill to Gujarat government for reconsideration in 2010 had categorically pointed out her reasons for opposing the bill.

The Gujarat Local Authorities Laws Bill, 2009, mandates compulsory voting during elections of municipal corporations, municipalities and the district, taluka and village panchayats of Gujarat. It also has provision of 50% reservation for women in the institutions of local self-governance. Once the Act comes into effect, Gujarat will be the first state to have the provision of compulsory voting and 50% reservation for women in civic bodies.

The signing of the controversial bill assumes significance as it comes ahead of the elections to six municipal corporations, 31 district panchayats, 231 taluka panchayats and 53 nagarpalikas in across the state in October next year.

The Bill, which was passed twice by the Gujarat government led by the then chief minister Narendra Modi, had faced stiff resistance from former governor Kamla Beniwal on the ground that forcing voters to compulsorily vote violates Article 21 of the Constitution. The Bill provides that a person, who does not vote in the local body polls, will be liable for penal action and punishment. The Bill was first introduced in the Assembly in December 2009 and passed by a majority vote. It was, however, returned by Beniwal in April 2010 with remarks that "forcing voter to vote is against the principles of individual liberty". Beniwal had returned the Bill to the government for reconsideration with her comments.

"The Bill has a provision of reservation for women and it provides for 50 per cent reservation for women. This is desirable and is a welcome provision. However, this important matter has unnecessarily been clubbed with the controversial issue of compulsory voting," Beniwal had said in her comments on the Bill, adding that a separate Bill should be introduced for reservation of women.

She also felt that the Bill was hurriedly introduced and passed in the Assembly without serious debate in the House or in public forums or academic circles. "No full-fledged discussions have been held with political parties, social activists academicians and other opinion makers on such an important issue like that of the compulsory voting. A Bill having far reaching consequence like this should have been introduced only after full fledged debates from all corners," she had stated while returning the Bill.

Beniwal felt Article 19(1) (a) of the Constitution of India Freedom of expression implies that the voter can refrain from expressing himself and remain neutral. "The concept of democracy provides that freedom of expression also implies freedom not to express ones views. Thus when a qualified voter decides not to vote in favour of any of the candidates by refraining to express himself and remaining neutral, he would be exercising his fundamental right as part of Freedom of Expression. This is the freedom which a citizen may not like to exercise and he cannot be compelled to express his views as regards the candidates at the polling booth," she had stated.

"The present Bill violates this freedom which a citizen is entitled to enjoy under Article 21 of the Constitution. Government should not have entered into a controversy to compel voters to act against their conscience by means of coercion," she had further argued.

The former Gujarat Governor had then expressed concern over the state government not making it clear how it will ensure that the voter reaches the polling booth and how it plans to make the bill full proof.

She was of the opinion that imposing compulsory voting would add to the harassment of the common men at the hands of the local officers for no fault of theirs.

Beniwal was also at logger heads with Modi government in Gujarat over the appointment of Lokayukta in the state.