Relevance of NOTA in Uncontested Elections

Prelims: Indian Polity and Governance | Political System

Why in News?

Recently, the Vidhi Centre for Legal Policy filed a Public Interest Litigation (PIL) for including NOTA as an option compulsorily in every election, even if there is only one single candidate.

None of the Above (NOTA) was introduced in 2013 on the PIL filed by the People’s Union for Civil Liberties which sought a mechanism to “recognise the right of a voter not to vote, but still the secrecy of his having not voted is not maintained in its implementation...”

• Issues in uncontested elections – Not holding an election in a constituency because there is only 1 candidate is a challenge.
• It would mean denying voters the chance of expressing their opinion (through NOTA) against that single candidate who will anyhow get elected unopposed.
• Argument against mandating NOTA – The Election Commission (EC) is completely opposed to the idea of making NOTA a compulsory option in all constituencies.
• EC has stated that, NOTA has not brought in the desired results as not many voters have opted for NOTA in past elections.
  • Only little more than 1% of voters, voted for NOTA in the 3 Lok Sabha elections (2014, 2019 & 2024) held since 2013.

NOTA’s weightage was slightly higher in the very 1^st election held in the State after NOTA was introduced but declined in subsequent elections, although the trend is not linear.

• The relevance of uncontested elections is lesser in India
  • In all the Lok Sabha elections held since 1971, there have been only 6 uncontested elections.
  • Since 1952, there have been only 9 cases of candidates getting elected unopposed.
• Treating NOTA as mandate in all direct uncontested elections does not find a place in the statues and same would require legislative amendments in the provisions of
  • Representation of the People Act 1951 and in the
  • Conduct of Election Rules 1961
• Arguments in favour of mandating NOTA - It is a way through which our electoral system can become more responsive to people.
• There are many State assembly elections where little more than 1% opted for NOTA over the last decade.
  • For instance, the highest being in Bihar with 2.48% during the 2015 Assembly election, followed by Gujarat with 1.8% during the 2017 Assembly elections.
• Way forward - Minimum % of votes to be polled by the candidate can be fixed as a benchmark for getting elected depending upon the size of the constituency.
• Legitimacy to NOTA votes and voters can be given, by making a provision for re-election if certain % of voters opt for NOTA in an election.

Reference

The Hindu| Relevance of NOTA in Uncontested Elections