NOTA IN INDIAN ELECTIONS

TAG: GS 2: POLITY

THE CONTEXT: In a remarkable development during the recent elections, the Indore Lok Sabha constituency saw NOTA receiving 2,18,674 votes, the highest ever recorded for NOTA in any constituency.

EXPLANATION:

• The BJP’s Shankar Lalwani won the seat with 12,26,751 votes, but NOTA emerged as his closest competitor, highlighting significant voter discontent.
• The previous record for the highest NOTA votes was in Gopalganj, Bihar, in 2019, where 51,660 voters chose NOTA.
• The Indore result significantly surpasses this, indicating a growing trend of voters using NOTA to express their dissatisfaction with the available candidates.

The Legal and Political Debate Around NOTA

• The current legal framework does not attach any consequences to a high NOTA count.
• However, a petition by founder of the Country First Foundation, is pushing for reforms.
• He argues that elections should be declared “null and void” if NOTA receives the majority of votes, and fresh elections should be held.
• He cites examples from states and union territories like Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh, where local elections have recognized NOTA as a “Fictional Electoral Candidate,” leading to re-elections if NOTA wins.
• His petition contends that NOTA has not achieved its intended purpose of improving voter participation or encouraging political parties to field better candidates.
• He proposes that candidates who poll fewer votes than NOTA should be barred from contesting elections for five years, thereby adding a punitive element to NOTA and increasing its pressure on political parties.

None of The Above (NOTA)

• The “None of The Above” (NOTA) option in Indian elections was introduced following a directive from the Supreme Court in September 2013.
• This decision aimed to protect voter secrecy and allow voters to express their disapproval of all contesting candidates.
• This landmark ruling emerged from a petition by the People’s Union for Civil Liberties (PUCL) in 2004, which sought to safeguard the confidentiality of voters who chose not to vote.
• The PUCL argued that the existing Conduct of Elections Rules, 1961, compromised voter secrecy because the Presiding Officer recorded details of those who opted not to vote.
• This record included the voters’ signatures or thumb impressions, thus violating their privacy.
• The central government countered that the right to vote is a statutory right, not a constitutional one, and therefore, only those who voted deserved secrecy.
• However, the Supreme Court, led by a three-judge Bench comprising Chief Justice P Sathasivam and Justices Ranjana Prakash Desai and Ranjan Gogoi, ruled in favor of maintaining secrecy for all voters, irrespective of their choice to vote or abstain.
• The court emphasized that secrecy is crucial for free and fair elections.
• It also noted the importance of ensuring that the act of not voting remained confidential, especially with the introduction of Electronic Voting Machines (EVMs), where a lack of any light or sound would indicate a non-vote.

Implementation and Impact of NOTA

• The Supreme Court directed the Election Commission of India (ECI) to include a NOTA button in EVMs, allowing voters to register their disapproval of the candidates.
• The court believed that NOTA would compel political parties to field candidates with integrity, reflecting the true will of the people.

Consequences and Legal Implications of NOTA

• Despite its introduction, NOTA has no legal bearing on the election results.
• If NOTA receives the highest number of votes, the candidate with the next highest votes is declared the winner.
• This provision means that NOTA, even with the majority, does not invalidate the election or lead to re-elections.
• This has been a subject of debate and legal scrutiny, as evident in the extraordinary result from the Indore Lok Sabha constituency.

SOURCE: https://indianexpress.com/article/explained/more-than-2-lakh-votes-nota-indore-9372026/