A PIL by Vidhi Centre for Legal Policy seeks compulsory inclusion of NOTA in all elections, including single-candidate contests, to uphold voter’s Right to dissent.

About NOTA

• NOTA, or “None of the Above,” is an electoral option that allows voters to reject all candidates while still participating in the election.
• Origin: Introduced in 2013 following a Supreme Court directive on a PIL by the People’s Union for Civil Liberties.
  • The petition demanded a mechanism to recognize a voter’s right not to vote, while maintaining voting secrecy.
• Application
  • NOTA is available in Electronic Voting Machines (EVMs) across all elections conducted by the Election Commission of India (ECI), including Lok Sabha and State Assemblies.
  • NOTA votes are counted but have no legal consequence on the election outcome — the candidate with the most votes still wins, regardless of NOTA count.
• Supreme Court Stand
• • Recognized NOTA as a constitutional right under the right to freedom of expression.
  • Mandated the ECI to include NOTA in EVMs to ensure voter autonomy and secrecy.

Election Commission’s Position

• Opposes compulsory inclusion of NOTA in uncontested elections, citing rarity and operational constraints.
  • Only six uncontested Lok Sabha elections since 1971
  • Nine unopposed winners since 1952
• Argues that making NOTA binding would require amendments to:
  • Representation of the People Act, 1951
  • Conduct of Election Rules, 1961

Arguments For and Against Binding NOTA

Electoral Reforms Needed

• Minimum Vote Threshold: A fixed minimum percentage of votes should be required for a candidate to be declared elected, proportionate to the constituency’s size.
  • This ensures that mere presence of one candidate does not lead to automatic victory without voter support.
• Making it Legal : Provisions should be introduced to mandate re-election if a certain threshold (e.g., 10%–15%) of total votes polled go to NOTA.
• This would give real consequence to voter dissent and improve accountability.
• Regular Review : Continuous data analysis on NOTA trends could help assess public dissatisfaction with candidate choices and inform future reforms.
• Public Awareness : Voters should be educated about the purpose and impact of NOTA to strengthen democratic engagement and informed decision-making.