None of the Above (NOTA):
- Supreme Court, in the PUCL v Union of India (2013) directed the ECI to introduce NOTA in direct elections to allow voters to register their protest if none of the candidates is acceptable to them.
- NOTA has only symbolic value in a direct election. Regardless of NOTA numbers, candidate polling most votes is elected.
- However, it is a step towards encouraging political parties to field candidates with integrity.
Application to Rajya Sabha Elections:
- ECI, through a series of circulars issued in 2014, 2015 and 2017 stated that the option of NOTA would be applicable to elections in Rajya Sabha.
- Arguments given:
- In the PUCL case, although Supreme Court referred to the direct elections, but it did not specifically rule out NOTA’s relevance in indirect elections.
- Using NOTA is a Right of electors guaranteed to them under Section 79A of the Representation of Peoples Act (RPA), 1951.
Recent Supreme (SC) Court verdict:
- The Supreme Court, in the recent case, Shailesh Manubhai Parmar v ECI, scrapped the ECI’s circulars.
- It also told ECI to act within the law by not “conceiving concepts or ideas” antithetical to the purity of elections.
- Arguments against NOTA in an indirect election:
- It is contrary to Article 80(4) of the constitution, provisions of RPA, 1951 and the Conduct of Election Rules, 1961.
- NOTA is meant only for universal adult suffrage and direct elections and not elections held by the system of proportional representation by means of the single transferable vote as done in the Rajya Sabha.
- It will alter the outcome of Rajya Sabha elections because candidates need a particular number of votes to be elected. If the first preference is for NOTA, the vote becomes invalid.
- In the words of SC, it would encourage ‘Satan of defection’ and indiscipline by discouraging legislators to disobey the directions of party whip under the 10th
