The Election Commission and voter participation.

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The Election Commission

News Highlight

The Election Commission has signed MoUs with over 1,000 corporate houses undertaking to monitor the “electoral participation of their workforce”.

Key Takeaway

  • The undertaking is to monitor the electoral participation of their workforce and publish on their websites and notice boards those who do not vote.
  • The Chief Electoral Officer of Gujarat has also said that the employees of state public sector units and government departments who don’t vote will also be tracked.

The concerns associated with MoUs

  • Violation of Article 19:
    • The Supreme Court in NOTA judgement (PUCL vs Union of India, 2013) has held that abstention from voting and negative voting is protected under the fundamental right of freedom of expression (Article 19).
  • Undemocratic:
    • The coercion, as depicted by the ECI proposal, indicates an authoritarian approach that is antithetical to democracy.
  • Against privacy:
    • Protection of the elector’s identity and affording secrecy is integral to free and fair elections, and the ECI directives violate the same.
  • Violation of Article 14:
    • The Supreme Court said that free and fair election is a basic structure of the Constitution. Therefore, an arbitrary distinction between a voter who casts and does not cast his vote is violative of Article 14.
  • Violation Representation of People Act, 1951.
    • Section 79 D of the RPA, 1951 defines “electoral right”, which says the right of a person to vote or refrain from voting at an election”.
  • Section 135B of the Representation of People Act, 1951:
    • It grants a paid holiday to every person employed in any business, trade, industrial undertaking or any other establishment.
    • Employers, at best, can cut the wages of those who take leave but don’t go to vote.

The ways to enhance Voter participation:

  • Systematic voter education:
    • Systematic voter education demonstrated by the ECI in elections in all the states and Union territories since 2010 when a voter education division was set up. This soon evolved into its SVEEP programme.
    • The ECI should propagate the importance of voting through media and campaigns.
  • Involving institutional participation:
    • Schools and colleges take the registration facility to the doorstep by introducing voter clubs, campus ambassadors and youth icons and placing drop boxes in colleges for new applications.
  • Strictly enforcing the law:
    • Employers are legally obliged to close their establishments on poll day, but this is seldom enforced.
  • Use of technologies:
    • The use of new-age technology would help to introduce online voting. It would improve voter participation.
  • Send voting reminders:
    • The ECI should send voting reminders through media and other communication methods.

Content Source: Indian Express

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