NOTA (None of the Above)

NOTA (None of the Above) Latest News

The Vidhi Centre for Legal Policy recently filed a PIL seeking mandatory inclusion of NOTA in all elections, including constituencies with only one candidate.

About NOTA

• NOTA (None of the Above) is a voting option that allows voters to reject all contesting candidates in an election while still maintaining the secrecy of their choice.
• It was introduced as a result of the 2013 Supreme Court judgment in the PUCL vs Union of India case, establishing it as a symbol of voter discontent.
• First implemented in the 2013 Assembly elections in Chhattisgarh, Mizoram, Rajasthan, Delhi, and Madhya Pradesh, and later in the 2014 General Elections.

Current Legal Status and Function of NOTA

• Votes cast under NOTA are counted, but they are treated as invalid votes.
• Even if NOTA receives the highest number of votes, the candidate with the second-highest valid votes is declared elected.
• Thus, NOTA does not impact the election outcome, but serves as a tool for democratic expression.

Election Commission’s Position on NOTA

• The Election Commission (EC) opposed making NOTA mandatory in all elections.
• It cited that uncontested elections are infrequent:
  • Only 6 such cases since 1971 in Lok Sabha elections.
  • Only 9 cases since 1952 where candidates were elected unopposed.
• The EC argued that making NOTA compulsory would require legislative amendments to the:
  • Representation of the People Act, 1951, and
  • Conduct of Election Rules, 1961.

NOTA (None of the Above) FAQs

Q1: What does NOTA stand for in Indian elections?
Ans: NOTA stands for "None of the Above," allowing voters to reject all candidates on the ballot.

Q2: When was NOTA introduced in Indian elections?
Ans: NOTA was introduced in India in 2013 following a Supreme Court directive for better voter choice.

Q3: Does NOTA affect the outcome of an election in India?
Ans: No, even if NOTA receives the majority, the candidate with the highest votes still wins.

Source: TH