Electoral Reforms In India

Two lakh plus NOTA votes in Indore: Why NOTA was introduced, its consequences

Explained | Polity | Mains Paper 2: Federalism
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NOTA

Mains level: Impact of NOTA Receiving the Highest Number of Votes in a Particular Constituency

Why in the news? 

Over 200,000 votes were cast for NOTA in the Indore Lok Sabha constituency. Let’s explore the reasons behind the introduction of this option and what occurs if, in an improbable scenario, NOTA garners more votes than all other candidates.

Back2Basics: NOTA in Indian Elections

  • NOTA, which stands for None of The Above, is an electoral choice where voters can express their disapproval of all the candidates in a voting system.
  • In the 2013 PUCL v. Union of India case, the Supreme Court mandated the use of NOTA in direct elections for the Lok Sabha and State Assemblies.
  • The ruling specified that in such elections, voters should have the option to select to indicate their dissatisfaction with all candidates or political parties listed on the ballot.
  • The NOTA option was first used in the 2013 legislative assembly elections held in four states—Chhattisgarh, Mizoram, Rajasthan, and Madhya Pradesh, and the union territory of Delhi.

Impact of NOTA Receiving the Highest Number of Votes in a Particular Constituency

1. Legal Consequence:

  • Current Status: NOTA has no legal consequence; the candidate with the highest votes after NOTA wins the election.
  • Indore Case: Shankar Lalwani won with a massive margin over NOTA, which received the highest number of votes ever recorded for NOTA in any constituency.
  • Possible Change: There are ongoing discussions and petitions urging that elections be declared null and void if NOTA receives the highest number of votes.

2. Future Considerations:

  • Petition by Shiv Khera: Calls for the ECI to frame guidelines to declare elections null and void if NOTA receives the majority vote and to debar candidates who receive fewer votes than NOTA for five years.

Judicial Stand

  • 2013 Judgment: The Supreme Court ruled that the right to secrecy in voting includes those who choose not to vote, mandating the introduction of the NOTA option.
  • Rationale: The Court emphasised that secrecy is an essential feature of free and fair elections, supported by the introduction of EVMs to maintain voter anonymity.

Current Deliberations:

  • New Petition (2024): The Supreme Court is considering a petition to make elections null and void if NOTA gets the highest votes, with additional consequences for candidates.
  • State-Level Precedents: Some states and union territories (e.g., Maharashtra, Haryana, Delhi) have declared NOTA as a “Fictional Electoral Candidate” for local elections, mandating fresh elections if NOTA receives the majority vote.

Way forward:

  • Null and Void Clause: Introduce a clause in the Representation of the People Act to declare elections null and void if NOTA receives the highest number of votes.
  • Debarment of Candidates: Amend the law to debar candidates who receive fewer votes than NOTA from contesting elections for a specified period (e.g., five years).

Mains PYQ:

Q Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC IAS/2022)

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