Current Events Current Affairs Analysis
The Vidhi Centre for Legal Policy recently filed a PIL seeking mandatory inclusion of NOTA in all elections, including constituencies with only one candidate.
About NOTA
NOTA (None of the Above)is a voting option that allows voters toreject all contesting candidatesin an election while still maintaining thesecrecyof their choice.
It was introduced as a result of the2013 Supreme Court judgmentin thePUCL vs Union of Indiacase, establishing it as asymbol of voter discontent.
First implementedin the2013 Assembly electionsinChhattisgarh, Mizoram, Rajasthan, Delhi, andMadhya Pradesh, and later in the2014 General Elections.
Current Legal Status and Function of NOTA
Votes cast under NOTA arecounted, but they aretreated as invalid votes.
Even if NOTA receives thehighest number of votes, the candidate with thesecond-highest valid votes is declared elected.
Thus,NOTA does not impact the election outcome, but serves as atool for democratic expression.
Election Commission’s Position on NOTA
TheElection Commission (EC)opposedmaking NOTA mandatoryin all elections.
It cited thatuncontested elections are infrequent:
oOnly6 such cases since 1971in Lok Sabha elections.
oOnly 9 cases since 1952where candidates were elected unopposed.
The EC argued that making NOTA compulsory wouldrequire legislative amendmentsto the:
oRepresentation of the People Act, 1951, and
oConduct of Election Rules, 1961.
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