2 lakh + NOTA votes in Indore: Why NOTA was introduced, its consequences

2 lakh + NOTA votes in Indore: Why NOTA was introduced, its consequences

05-06-2024

Recent Development: 

  1. In the recent 2024 Lok Sabha elections, over 2 lakh votes were cast for NOTA in the Indore constituency, the highest ever in any constituency.
  2. However, BJP's Shankar Lalwani won the seat with a massive margin of 10.09 lakh votes.
  3. But, it indicates a growing trend of voters expressing their dissatisfaction with the candidates contesting in the election.

Background:

  1. The NOTA option was introduced in Indian elections in 2013, following a Supreme Court directive to the Election Commission of India (ECI).
  2. The move was aimed at protecting the secrecy of voters' choices and allowing them to express their dissent or disapproval against contesting candidates.

Why was NOTA introduced?

  1. In 2004, the People's Union for Civil Liberties (PUCL) approached the Supreme Court, arguing that the Conduct of Elections Rules, 1961, violated the secrecy aspect of voting.
  2. The PUCL contended that the Presiding Officer's record of voters who chose not to vote, along with their signatures or thumb impressions, compromised the secrecy of their choice.
  3. The Supreme Court accepted the argument and directed the ECI to introduce the NOTA option to protect voter secrecy.
  4. The central government, however, argued that the right to vote is “pure and simple a statutory right” (as it is provided by a law, and not the Constitution), and only voters who exercised their right to vote have a right to secrecy as well, not those who have not voted at all.
  5. The 3-judge Bench, comprising Chief Justice of India P Sathasivam, and Justices Ranjana Prakash Desai and Ranjan Gogoi, however, held that “Whether a voter decides to cast his vote or decides not to cast his vote, in both cases, secrecy has to be maintained.”

Consequences of NOTA:

  1. Currently, NOTA has no legal consequence attached to it, even if it receives the highest number of votes in a constituency.
  2. In such a scenario, the 2nd most successful candidate wins the seat.
  3. However, there is a pending petition in the Supreme Court seeking directions to the ECI to frame guidelines/rules regarding uniform implementation of the NOTA vote option with consequences for candidates who do not surpass NOTA.
  4. The petition argued that if NOTA gets the most votes, then fresh elections should be held and candidates who get less votes than NOTA should be debarred from contesting all elections for a period of 5 years.

Significance of NOTA:

  1. NOTA is seen as a potent weapon in the hands of voters to express their dissatisfaction with the candidates.
  2. Its introduction was expected to lead to increased voter participation and political parties fielding good candidates.
  3. However, the petition argues that NOTA has not fulfilled its purpose, and its implementation requires "teeth" to put pressure on political parties.
  4. The court also noted that the introduction of Electronic Voting Machines (EVMs) made it possible for anyone present in the polling booth to know if a voter had decided not to vote, as the machine would not emit any light or sound.

State-wise Implementation:

  1. In some states and union territories, such as Maharashtra, Haryana, Puducherry, Delhi, and Chandigarh, the State Election Commission has passed orders declaring NOTA as a "Fictional Electoral Candidate" in local elections.
  2. In these cases, if NOTA receives more votes than all other individual candidates, fresh elections are held.

Way Forward:

  1. The Supreme Court is considering the pending petition, which may lead to changes in the implementation of NOTA in Indian elections.
  2. The outcome of this petition may have significant implications for the electoral process and the role of NOTA in promoting accountability and good governance.

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