GS Paper II
News Excerpt:
In the Indore Lok Sabha constituency, over 200,000 votes were cast for NOTA.
More About the News: The BJP’s candidate emerged victorious in Indore with a significant margin of 10.09 lakh votes, garnering 12,26,751 votes. Interestingly, the nearest contender was NOTA, with an impressive 2,18,674 votes. This outcome in Indore marks a remarkable milestone, as it represents the highest number of votes ever received by the "None Of The Above" (NOTA) option in any constituency to date. The previous record was held by Gopalganj, Bihar, in 2019, where 51,660 voters opted for NOTA.
About NOTA (None of the Above)
- It is a ballot option that a voter can choose to apply for instead of giving their vote to any of the contesting candidates.
- NOTA empowers the electors to express their negative opinions and a lack of support for the contenders.
- It gives them the right to reject while maintaining the secrecy of their decision.
When was it first used?
- The None of the Above (NOTA) option was introduced in India following a Supreme Court directive in September 2013. The Supreme Court mandated the Election Commission of India (ECI) to include a NOTA button in electronic voting machines (EVMs) to uphold the secrecy of the voters' choice and ensure a more democratic process.
- NOTA was used for the first time in the 2013 Assembly elections in five states-Chhattisgarh, Mizoram, Rajasthan, Delhi, and Madhya Pradesh-and later in the 2014 General Elections.
Background and Reasoning:
- PUCL's Petition (2004): The People’s Union for Civil Liberties (PUCL) filed a petition arguing that the existing election process violated voters' right to secrecy. Under the Conduct of Elections Rules, 1961, a record was maintained of those who chose not to vote, including their signatures or thumb impressions, which compromised the confidentiality of their decision.
- Supreme Court Ruling: The Court held that the right to secrecy is fundamental, whether a voter chooses to cast a vote or not. It emphasized that secrecy is a crucial element of free and fair elections. The introduction of EVMs had made it easy to identify non-voters, as the machines would not emit light or sound if no vote was cast.
- ECI's Recommendation (2001): The ECI had previously suggested the inclusion of a NOTA option to protect voter secrecy and to allow voters to express their disapproval of all candidates, potentially reducing bogus voting.
Supreme Court's Decision:
- The three-judge bench, including Chief Justice P. Sathasivam and Justices Ranjana Prakash Desai and Ranjan Gogoi, accepted the ECI's reasoning and directed the introduction of the NOTA button. They stated that political parties would be compelled to field candidates of integrity, reflecting the electorate's will.
How does a person cast a NOTA vote?
- The NOTA option in the Electronic Voting Machines (EVMs) is given at the bottom of the candidates' list.
- Earlier, a voter had to inform the presiding officer at the polling booth to cast a negative ballot. (PUCL) approached the Supreme Court in 2004, arguing that the Conduct of Elections Rules, 1961 violated voter secrecy.
- The Supreme Court ruled that voter secrecy must be maintained regardless of whether a voter casts a vote or abstains.
Does NOTA Vote Count?
- The Election Commission clarified that votes cast as NOTA are counted, but are considered ‘invalid votes’.
- Even if NOTA votes get the most number of votes in a constituency, the next candidate with the second-most number of votes is declared the winner.
- Therefore, votes made to NOTA will not change the outcome of the election
Significance of NOTA:
- The introduction of NOTA was aimed at enhancing voter privacy and reducing bogus voting.
- NOTA provides a way for voters to express dissatisfaction with all candidates. However, it currently has no legal consequence if it receives the highest number of votes; the candidate with the next highest votes wins.
Current Legal Considerations
- A petition by Shiv Khera is before the Supreme Court, arguing that elections should be null and void if NOTA wins the majority.
- It also suggests that candidates polling fewer votes than NOTA should be barred from elections for five years.
Conclusion:
There are ongoing discussions and petitions for more stringent measures, such as declaring elections null and void if NOTA gets the most votes and barring candidates who receive fewer votes than NOTA from contesting future elections for a period. However, The introduction of NOTA was seen as a step towards enhancing democratic accountability and voter empowerment by providing a formal way to reject all candidates while ensuring the secrecy of their choice.
