Supreme Court Questions Effectiveness of NOTA in Elections

The Supreme Court of India on Monday questioned the practical impact of the None of the Above (NOTA) option in elections, observing that over a decade since its introduction, it has hardly influenced the selection of candidates by political parties.

PIL Challenges Unopposed Elections

The observations came during the hearing of a Public Interest Litigation filed by the Vidhi Centre for Legal Policy. The petition challenges the existing practice of declaring candidates elected unopposed to Parliament or State Assemblies.

The petitioner argued that uncontested elections defeat voters’ right to choose their representatives, as electors are deprived of even exercising the NOTA option.

Centre and ECI Oppose the Plea

The Union Government opposed the petition, describing the issue as largely academic. It stated that since 1991, instances of candidates being elected unopposed have been extremely rare.

The Centre relied on provisions of the Representation of the People Act, 1951, particularly Section 53(2), which provides for direct election in uncontested polls.

The Election Commission of India (ECI) also opposed the plea, noting that since the introduction of NOTA in 2013, no election has been decided by a majority of NOTA votes.

Background: Introduction of NOTA

NOTA was introduced following the landmark 2013 judgment in the case filed by the People’s Union for Civil Liberties. The Supreme Court directed the ECI to include the NOTA option on ballot papers and Electronic Voting Machines (EVMs) for Lok Sabha and State Assembly elections.

The option was first implemented in the 2013 Assembly elections in Chhattisgarh, Mizoram, Rajasthan, Madhya Pradesh, and Delhi.

Legal Position on NOTA

Under existing electoral rules, NOTA is not a candidate and cannot occupy a seat. Even if NOTA receives the highest number of votes, the candidate securing the maximum valid votes is declared elected. Thus, NOTA does not trigger re-polling or invalidate the election outcome.

Source: HT