INTRODUCTION
Let us begin with the definition of NOTA. What is NOTA in the first place? The answer to the question is quite evident from the full form of NOTA, which stands for (None Of The Above). This denotes an option provided to the voters ever since its first introduction into the electoral system of India, in 2013 by the Supreme Court of India. It has been gaining popularity amongst the voters, sometimes even setting records and ending up securing more votes than candidates contesting for legislative assembly elections, as well as occasionally securing more votes than the winning candidates in some local constituencies. NOTA and its popularity have been considered as an indication that India is becoming more mature as a democracy. The None Of The Above option is commonly present as a button on EVMs (Electronic Voting Machines) during elections. This provides the voters with a unique opportunity to not vote for any of the candidates contesting the election from their respective constituencies. This option when exercised by a large number of voters during elections reflects the dissatisfaction of the public with the eligibility or qualifications of standing candidates and lays down public pressure on political parties to put up morally and legally appropriate candidates for if elected, they would become the representatives of the people in the government. Thus it goes without saying that only responsible and appropriate candidates should be put up by political parties.
NOTA IN INDIA
India after her freedom from almost over 200 years of colonial rule has emerged as the world’s largest democracy and has managed to preserve such a prestigious title awarded to it by countries across the globe. According to Abraham Lincoln, a former President of the United States, democracy means a government in which people rule themselves through representatives who are popularly elected. With corruption seeping into the machinery of the Indian Political system, electoral offices are being held by incapable candidates and gradually the repetition of this trend resulted in a great loss of people’s faith in proper representation. To address such growing concerns, electoral reforms were introduced from time to time, but one of the most dynamic steps taken in that direction was the introduction of NOTA. Section 79(d) of The Representation of the People Act, 1951[1], houses the roots of NOTA. The section clarifies that the ‘electoral right’ of a voter also includes his or her right to refrain from voting in elections. Keeping this statutory provision in mind, the Supreme Court of India in its judgement in the case of People’s Union for Civil Liberties v. Union of India[2]. It must be taken into account that the NOTA vote was not technically ‘introduced” by this judgment. It always existed dormant under Rule 49-O of the Conduct of Election Rules, 1961[3]. The main line of difference before and after the judgement was that previously a voter had to get himself registered formally at the polling station along with his thumbprints and signature if he or she wanted to opt for a NOTA vote, but this somewhat made the voter vulnerable to unwanted consequences. In the course of its judgement on the above-mentioned case, the Supreme Court mandated that from then onwards, the option of NOTA be available to the voters as an existing option on EVMs and ballot papers, addressing the question of the protection of privacy of voters who opt for NOTA. This statement was reinforced by the fact that “NOTA” is nothing else other than a right to negative vote, which can be considered to be under the spectrum of freedom of speech and expression enshrined under Article 19 of the Constitution of India[4]. The right to vote includes the right to abstain from voting too. Following the 2013 judgement, NOTA was introduced in the 2013 State Assembly elections, especially in the states of Chattisgarh, Delhi, Mizoram, Rajasthan and Madhya Pradesh and subsequently, it was introduced in the 2024 General Elections. The Election Commission of India has stated that the mechanism how NOTA votes works. Nota votes are considered blank or ‘invalid votes’. That means, if in a constituency for example, the majority of the people select the NOTA option, then they will simply be counted as invalid, and the next candidate with the highest number of votes will be declared as the winner from that constituency. This view however has been subject to controversies, and a petition was moved in the Supreme Court a few years back to implement the concept of treating NOTA votes as the votes secured by some “fictional candidate” and thus freshly reconducting the elections for that constituency. Otherwise, the purpose of NOTA won’t be fully served, as no matter how many people give NOTA votes to express their dissatisfaction with the standing candidates, they would still end up winning the constituency. In 2018, the Supreme Court directed that NOTA votes won’t be available as an option to voters during Rajya Sabha elections, as it feared that it may encourage defection and corruption and damage democracy.[5]
COUNTERPARTS OF NOTA AROUND THE GLOBE
India was the 14th country in the world to adopt the NOTA option in voting in 2013. European Countries such as France, Spain, Greece, and Sweden have voting options similar to NOTA. USA does not officially have the NOTA option on ballots, some states permit the system of write-in votes, where the voters write “none of the above” on a ballot paper. The idea of NOTA was first mooted in 1976 and later introduced in the state of Nevada in the USA in 1978. In Texas, it made its debut in 1975. Various other famous countries around the world, namely Bangladesh, Colombia, Brazil, Finland, and Spain, go by multiple alternate names such as “against all” or “scratch votes”[6].
CRITICAL ANALYSIS
The rationale behind the introduction of the NOTA policy was to compel political parties to file nominations of candidates with clean images and who are more ethical and capable of serving the public purpose. Providing voters with the option to reject all the candidates named on the ballot, gives the voters a chance to express their dissatisfaction with the selected candidates. But some arguments can be framed against NOTA. There is a huge potential for misuse of NOTA by the voters in a very casual manner. Voters may now vote without even having any knowledge of the background of the elected candidates. Or it could be that the people opt for nota even without trying to know more about the candidates of the election which could lead to such a use of democratic right which was not meant. This also has chances to increase the passive nature of voters more than the existing levels. It might be used by voters to express dissent against the system as a whole instead of genuine rejection of candidates after an actual weighing of merits among them. NOTA is also very symbolic rather than practical, even if a lot of people vote for nota but then also the candidate with the highest amount of votes wins the election which makes nota useless if not used correctly. Unless the practice of conducting re-elections in a constituency with a majority of its votes as NOTA votes is mandated, the problems will continue to persist because the candidate with the highest share of wins would still win. In reserved constituencies, NOTA has also been used to set up a bias against candidates from certain castes. Introducing a system where NOTA triggers re-elections can be significant or educating voters may enable them to exercise an important right carefully. Political parties paying attention to the needs of the people can remove the need for NOTA as a token of protest. Nevertheless, NOTA is an important step taken towards the fulfilment of the promise of electoral reforms.
CONCLUSION
The NOTA (None of the Above) option has been regarded as an important achievement in India’s democratic journey through independence. It helps voters to express their dissatisfaction with the candidates present, thus bolstering democratic principles and also promoting political consciousness among people. This usage of this option has increased a lot since people refrain from supporting political candidates and parties that have failed to address their most basic needs, such as access to essential resources like food, water, and electricity. More so, it has drawn attention to broader societal issues, such as water contamination caused by industrial activities and many more issues. The increasing number of voters choosing the NOTA option signifies a noteworthy shift in the electoral system towards a more responsive and accountable democratic process rather than a lacklustre and unresponsive democratic process.
Author(s) Name: Arno Dasgupta (Department of Law Calcutta University)
References:
[1] Representation of the People Act 1951, s 79(d)
[2] People’s Union for Civil Liberties v. Union of India AIR 1997 SC 568
[3] Conduct of Elections Rules, 1961, rule 49-O
[4] Constitution of India 1950, art 19
[5] Krishnadas Rajagopal ‘Supreme Court scraps NOTA option for Rajya Sabha polls’(The Hindu 3rd December 2021)<https://www.thehindu.com/news/national/nota-cannot-be-permitted-in-rajya-sabha-polls-says-supreme-court/article61501686.ece> accessed 14th June 2024
[6] ‘NOTA Option in Indian Elections’(Drishti IAS, 8th June 2024)<https://www.drishtiias.com/daily-updates/daily-news-analysis/nota-option-in-indian-elections> accessed 15th June 2024
