Lok Sabha elections 2024: Is polling day a holiday?
What's the story
Polling for the first phase of Lok Sabha elections will begin on Friday. The subsequent phases will be held on April 26, May 7, May 13, May 20, May 25, and June 1. With only the final two phases scheduled for Saturdays, the rest of the voting will occur on weekdays. This has prompted inquiries whether polling day is a "paid holiday," or do you apply for a leave to cast your vote. Here's what we know about it.
Legal implications
Alleged violation of Representation of People Act, 1951
The debate over "polling day leave" intensified after e-commerce giants Flipkart and BigBasket were accused of not providing their employees with a day off to vote. The issue was highlighted by Chennai High Court Lawyer K Narasimhan who lodged a complaint with Tamil Nadu State Election Commissioner B Kothi Nirmalasamy. Per the complaint, despite a state-government declared holiday, the two companies have reportedly assured uninterrupted delivery services, even on polling day. Was Narasimhan right to approach the election commissioner?
Constitution
What does the Constitution say
In India, everyone above the age of 18 has the constitutional right to vote. That right is a fundamental component of India's electoral democracy and cannot be denied to any citizen. Therefore, all businesses in a particular region where voting is taking place must declare a holiday on the day of voting, per the Representation of People Act, 1951 (RP Act). Section 135B of the Act grants paid holidays to employees on the day of the poll.
Voting rights
Employee rights and exceptions under the RP Act
If an employer fails to comply, employees can lodge a complaint with the Election Commission of India or the relevant authority. However, no paid holiday is required for individuals who operate in a field where their absence creates a risk to the business or results in a significant loss to the employer. "This section shall not apply to...elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged," the Act states.
Election holidays
Nationwide efforts to boost voter turnout
In a bid to increase voter participation, several state governments including Delhi-NCT, Rajasthan, Haryana, Tamil Nadu, Kerala, and others have declared paid or public holidays on their respective voting days. Additionally, banks in cities like Aizawl, Itanagar, and Jaipur will remain closed on April 19 due to the elections. Several private companies have also announced paid leave or meeting-free days on polling days.