Current status of NOTA

Source: The post current status of NOTA has been created, based on the article “Two lakh plus NOTA votes in Indore: Why NOTA was introduced, its consequences” published in “Indian express” on 5th June 2024.

UPSC Syllabus Topic: GS Paper 2– Polity- election

Context: The article discusses the NOTA “None of the Above” option in Indian elections, introduced in 2013 to ensure voter secrecy. It highlights a recent election in Indore where NOTA received a record 2,18,674 votes, the highest ever, while the winner, Shankar Lalwani of the BJP, got 12,26,751 votes. The piece also mentions a petition that seeks to enforce legal consequences when NOTA receives the most votes.

For detailed information on None Of the Above(NOTA) read this article here

Why was the NOTA option introduced?

Purpose of NOTA: The NOTA (None of the Above) option was introduced to allow voters to reject all candidates, enhancing voter freedom and secrecy.

Legal Push: Initiated by the Supreme Court of India in September 2013, following a petition from the People’s Union for Civil Liberties (PUCL) in 2004, which argued that the existing voting rules violated the secrecy of voters.

Supreme Court Ruling: The court ruled that voter secrecy must be maintained whether a voter decides to vote or not, countering the government’s position that only active voters deserve secrecy.

EVM Concerns: The introduction of Electronic Voting Machines (EVMs) made it apparent if a voter chose not to vote, compromising voter secrecy. NOTA was seen as a solution to maintain this secrecy.

Integrity in Elections: By implementing NOTA, the Supreme Court aimed to encourage political parties to nominate candidates of higher integrity, given that voters could now formally express disapproval.

What is the current status of NOTA?

Current Impact of NOTA: If NOTA receives the highest number of votes, it generally has no legal consequence on the election outcome at the national level, meaning the candidate with the next highest votes wins.

Local Rules by State Election Commissions: In states like Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh, the State Election Commission has passed orders treating NOTA as a “Fictional Electoral Candidate” in local body elections. If NOTA receives more votes than any candidate, these elections are declared null, necessitating a re-election.

Petition for Legal Consequences: A petition filed in April 2024, asking for elections to be declared null and void if NOTA gets the majority. He argues that NOTA should pressure political parties to field better candidates. He also suggests that candidates polling fewer votes than NOTA should be banned from contesting elections for five years.

Question for practice:

Examine the impact and legal implications of the NOTA (None of the Above) option in Indian elections.