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
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- 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
| For |
Against |
| Empowers voters to express dissatisfaction even in uncontested elections |
NOTA votes are currently symbolic and have shown minimal impact in past elections |
| Can act as a feedback mechanism for political parties |
Low percentage usage, around 1% nationally in Lok Sabha elections since 2014. |
| Helps uphold democratic principles and electoral participation in single-candidate seats |
Election Commission claims operational complexity and rare occurrence of uncontested seats make compulsory NOTA unnecessary |
| May force political parties to field better candidates even for uncontested elections. |
Requires major legal reforms and could lead to repeated elections if NOTA majority mandates re-polling |
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.
16 May 2025
