Turmeric Man of Himachal Pradesh

In the recent Lok Sabha election, the Indore constituency witnessed a noteworthy occurrence with over 200,000 votes cast for the "None Of The Above" (NOTA) option.

Understanding NOTA

 

The "None of the Above" (NOTA) option provides voters with the opportunity to formally express their rejection of all contesting candidates. Choosing NOTA as a voting option signifies that the voter does not support any specific political party. In the event that the NOTA option receives the highest number of votes in a constituency, the candidate with the second-highest number of votes is declared the winner.

·       It offers a ballot option for voters to express their choice not to vote for any of the contesting candidates.

·       NOTA enables electors to convey their disapproval and lack of support for the candidates.

·       It grants them the right to reject while ensuring the confidentiality of their decision.

Introduction of NOTA in Indian Elections

First Use:

The "None of the Above" (NOTA) option was introduced for the first time in the 2013 Assembly elections in five states - Chhattisgarh, Mizoram, Rajasthan, Delhi, and Madhya Pradesh. It was later implemented in the 2014 General Elections.

Supreme Court Directive:

Following a directive from the Supreme Court in September 2013, the Election Commission of India (ECI) was mandated to include a NOTA button in electronic voting machines (EVMs). This measure aimed to preserve the secrecy of voters' choices and promote a more democratic electoral process.

Landmark Cases Related to the "None of the Above" (NOTA) Option

Lily Thomas v. Speaker, Lok Sabha (1993):

In this case, the Supreme Court held that the right to vote includes the right to remain neutral or express a lack of support for a particular issue or motion. This decision emphasized the significance of individual will and opinion in the voting process.

People's Union for Civil Liberties & Anr v. Union of India & Anr (2013):

Background:

In 2004, the People's Union for Civil Liberties filed a Public Interest Litigation (PIL) regarding the inclusion of the NOTA option in electronic voting machines (EVMs).

In September 2013, the Supreme Court of India, led by a three-judge bench comprising Chief Justice of India P Sathasivam, and Justices Ranjana Prakash Desai and Ranjan Gogoi, directed the Election Commission to implement the None of the Above (NOTA) option for voters. This directive aimed to protect the secrecy of voters' choice, following concerns raised by the People’s Union for Civil Liberties (PUCL) in 2004.

Court Decision:

§  The Supreme Court mandated the provision of a NOTA button on EVMs, enabling voters to express dissatisfaction with contesting candidates while maintaining the confidentiality of their choice. This decision was aimed at empowering voters and promoting fair elections, leading to the Election Commission's directive to implement NOTA with government support and conduct awareness programs.

Impact:

§  The introduction of NOTA was seen as a significant step in enhancing democracy and ensuring voters' participation in the electoral process.

Shailesh Manubhai Parmar v. Election Commission of India Through the Chief Election Commissioner & Ors. (2018):

Background:

In this case, the Supreme Court deliberated on the application of the NOTA option in the election of members to the Council of States (Rajya Sabha).

Court Decision:

The Supreme Court ruled that while NOTA may serve as a positive factor in direct elections, it might undermine the purity of democracy and contribute to issues like defection and corruption in the context of Rajya Sabha elections. As a result, NOTA was scrapped from Rajya Sabha elections.

Legal Provisions related to NOTA

1. Article 21 of the Universal Declaration of Human Rights guarantees secrecy in voting and emphasizes that the will of the people shall be the basis of the authority of the government, expressed in periodic and genuine elections held by secret vote or equivalent free voting procedures.

2. Section 25(b) of the International Covenant on Civil and Political Rights states that every citizen shall have the right to vote and be elected at genuine periodic elections, conducted by universal and equal suffrage and by secret ballot, ensuring the free expression of the will of the electors.

3. Section 79(d) of The Representation of the People Act, 1951 defines "electoral right" as the right to stand as a candidate, withdraw from candidacy, vote, or refrain from voting at an election.

How does a person cast a NOTA vote?

1. NOTA option in Electronic Voting Machines (EVMs) is placed at the bottom of the candidates' list.

2. Previously, voters had to inform the presiding officer to cast a negative ballot at the polling booth. In 2004, PUCL approached the Supreme Court, arguing that the Conduct of Elections Rules, 1961 violated voter secrecy.

3. The Supreme Court ruled that regardless of whether a voter casts a vote or abstains, voter secrecy must be maintained.

Does NOTA Vote Count?

The Election Commission has clarified that votes cast for NOTA (None Of The Above) are counted, but are considered as 'invalid votes'. Even if NOTA receives the highest number of votes in a constituency, the candidate with the second-highest number of votes is declared the winner. Therefore, votes for NOTA do not affect the outcome of an election.

Advantages of the NOTA System:

1. Expression of Dissatisfaction: NOTA allows voters to express discontent with all available candidates, offering a legitimate means to reject them and signal to political parties the need for better options.
2. Promoting Voter Participation: By providing an alternative to abstention, NOTA encourages greater voter participation, helping to combat voter apathy and increase turnout.
3. Pressure for Better Candidates: The presence of NOTA puts pressure on political parties to field more competent and trustworthy candidates, improving the quality of future candidates.
4. Democratic Accountability: NOTA enhances democratic accountability by holding political parties and candidates responsible for addressing voter concerns and expectations.

Disadvantages of the NOTA System:

1. Limited Impact on Election Results: NOTA votes do not affect the outcome, as the candidate with the most valid votes still wins, reducing its potential for tangible change.
2. Inadequate Alternative: While NOTA registers discontent, it does not provide a constructive alternative, leaving voter concerns unaddressed.
3. Potential Dilution of Votes: A significant number of NOTA votes can dilute the support for serious candidates, potentially leading to unrepresentative outcomes.
4. Insufficient Legal Backing: In some countries, the legal framework for NOTA is unclear or inadequate, limiting its effectiveness and impact without proper legislation and mechanisms.

Current Petition: The Supreme Court is considering a petition to establish guidelines for declaring elections "null and void" if NOTA receives the highest number of votes in the constituency.