The issue of Winning an Election with Contest

Source: The post the issue of Winning an Election with Contest has been created, based on the article “Questioning the polls ‘rain washes out play’ moments” published in “The Hindu” on 26th April 2024.

UPSC Syllabus Topic: GS Paper 2 – Indian Constitution, and Salient features of the Representation of People’s Act.

News: The article discusses how being elected unopposed, though legal, can be problematic for democracy. It compares election laws with financial rules and suggests that while laws allow this, it might not be entirely fair or democratic as it limits voter choice.

What does the law say about Uncontested elections?

Automatic Election: According to Rule 11 of the Conduct of Election Rules 1961, if the number of candidates is equal to or less than the number of seats available, the returning officer is required to declare these candidates elected automatically.

Legal Precedent: Section 53 of The Representation of the People Act, 1951 also supports this mechanism, mandating that if the number of candidates does not exceed the number of seats, no polling is needed, and candidates are declared elected.

Reissuing a call for candidates: The Representation of the People Act (RPA) provides for the possibility of reissuing a call for candidates if no one files for an election initially. However, the Act does not specify what should be done if no candidates come forward after a second call.

What Issues Arise from Uncontested Elections?

Limited Voter Choice: Uncontested elections mean voters only have one candidate to choose from, essentially depriving them of a meaningful choice. This situation occurred in the Surat Lok Sabha seat, where other candidates were disqualified or withdrew, leaving only one candidate.

Undermining Democracy: With no competition, the democratic process is undermined as the electorate does not truly ‘elect’ but merely ‘acknowledges’ the sole candidate. In Arunachal Pradesh, 10 Assembly seats were filled without any contest, illustrating this issue.

Effectiveness of NOTA: In uncontested elections, the None of the Above (NOTA) option becomes irrelevant since it does not influence the outcome, which questions the purpose of providing a NOTA option.

For more information on NOTA read here

What should be done?

Introduce Minimum Vote Requirements: Consider amendments to require a minimum percentage of votes for a candidate to win, ensuring they have substantial support from the electorate.

Question for practice:

Examine how uncontested elections affect voter choice and democracy and propose a potential solution to address this issue.