Recently, the Vidhi Centre for Legal Policy filed a Public Interest Litigation (PIL) for including None of the Above (NOTA) as an option compulsorily in every election, even if there is only one single candidate.

Introduction of NOTA

• Year Introduced: 2013
• Introduced through: PIL by People’s Union for Civil Liberties
• Objective: To recognise the voter’s right not to vote while ensuring secrecy of that choice.

Relevance of NOTA in Indian Elections

• Low Usage: NOTA has seen limited usage in national and state elections.
• Democratic Value: Still, it provides voters a platform to express dissent, especially important in uncontested elections.
• Criticism by EC: Claims NOTA hasn’t produced desired electoral impact.

Election Commission’s (EC) Argument

• Opposition to PIL: EC is against making NOTA compulsory in all constituencies.
• Statistical Justification:
  • Only 6 uncontested Lok Sabha elections since 1971.
  • Only 9 unopposed winners since 1952.
• Legal Standpoint:
  • Current laws (RPA 1951 & Election Rules 1961) do not support mandatory NOTA.
  • Any change would require legislative amendments.

Scale of NOTA Voting

• Percentage Voters: Around 1% voted for NOTA in 2014, 2019, and 2024 Lok Sabha elections.
• Absolute Numbers Matter: With ~25 lakh voters per constituency, even 1% is significant.
• State-wise Examples: Bihar (2015): Highest at 2.48% & Gujarat (2017): 1.8%.
• Trend: Higher NOTA turnout in the first election post-introduction, then decline—not always linear.

Way Forward: Possible Reforms

• Fix Vote Thresholds: Set a minimum percentage of votes a candidate must secure to be declared elected.
• Empower NOTA:
  • If NOTA secures a certain threshold, call for re-election.
  • Grants legitimacy to voter dissent and strengthens democracy.

Conclusion

While NOTA may currently attract limited voter support, its mandatory inclusion—even in uncontested polls—can uphold democratic expression, foster accountability, and prompt much-needed electoral reforms to reflect genuine voter sentiment.

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