This article is written by Khushi Sharma, currently pursuing B.A.LLB (Hons) from IIMT and School of Law, IP University. This is an exhaustive article which deals with an important aspect of Elections that is NOTA and we will study whether it is a Boon or a Bane?
Table of Contents
Introduction
The most controversial topic of our nation, which never ever leaves the stand of the limelight is ‘Elections’. As we all know, elections lay major importance for the citizens as well as for the country. It is pertinent for a citizen to see his favoured party as a ruling party which serves the country and in the same way, it is equally crucial for the country to have a representative party, which by the majority, is selected by the citizens of the nation itself.
While voting you must have observed an option as ‘NOTA’, In this article we will deal with all the aspects for the same.
A brief view to Elections
India is a democratic country as we all know. The advantage of being a democratic country is that the law-making power is with the people of the country. The citizens can choose their own favoured party for being the ruling party. Everyone can access their right to vote; such right is not subjected to any limitation. Any person of any caste, gender or creed can vote. The competent age to vote is the age after attaining majority i.e.18 years (as per Universal Adult Franchise), India is a multiparty system which tells us that the citizens of India have a variety of parties to choose from and make them the ruling party. E.g of some parties of India are – Bharatiya Janata Party, Indian Congress Party, Aam Aadmi Party.
Meaning of NOTA
The basic definition which will explain the term NOTA is “None of the Above”. NOTA is an option which is provided to the candidates with a view that it is not compulsory for a voter to vote for any contesting party. If they feel that the contesting parties are not deserving to be the ones who will rule the state or the country, then the citizens can choose NOTA as an option.
NOTA is in existence since 2009, still, this approach has not been widely practised by the people. The candidates still choose not voting as an option rather than making use out of NOTA. hence, this article will provide you with all the advantages and disadvantages that NOTA holds, i.e. whether it is a boon or a bane.
Origin of NOTA
NOTA came into existence in the year of 2009, The first state in which NOTA was used is Chattisgarh. It was held by the Supreme Court in the case of PUCL v. Union of India, that another option in the EVM’s should be introduced for the candidates so that even if the parties did not have favouritism for any contesting party, they can still access their right to vote and click the none of the above option and maintain the right to secrecy as well. According to the Hon’ble Court, this step of launching NOTA as an option will sustain the morals and ethics in the society resulting in a sound party which will represent well in the society.
NOTA started in 2013 assembly under 4 states: Chhattisgarh, Mizoram Rajasthan and Madhya Pradesh. Since then, NOTA became popular in many states and started gaining power more than the normal voting options.
Need for NOTA
Even before NOTA emerged as an actual identification under the voting option, it was still present when the people used to vote through ‘Ballot Paper’. It was considered to be a slip of paper for registering votes, so earlier also the citizens had a chance to not mark any party for voting, hence rejecting all the candidates of an election. India being a democratic country as well as a nation which provides various enforcing rights for the citizen, the option of NOTA in between all such things stands a must.
- NOTA gives equality of rights to all the citizens by giving them the fair choices and even the choice to not to vote.
- NOTA promotes an indulging as well as a participating spirit and disregards sitting at home and not voting behaviour of citizens.
- NOTA maintains secrecy and does not tamper or violate the right to vote of the citizens.
- For equality in the election process, options like NOTA must be provided in the elections.
Impact of NOTA in elections
Though NOTA has a positive policy for the citizens, it may serve as the opposite for the political parties and may prove to be a barrier for them. Parties who were successful in getting votes more than other candidates can be easily backlogged if NOTA hits more votes than that particular political party. But there is also a positive point of NOTA which defeats its novelty character for the citizens; that if NOTA secures the majority of votes, still the party securing the second-highest number of votes will become the ruling party. Though NOTA does not have such a grave impact on elections it still manages to secure citizens from violation of their voting rights.
NOTA is a cosmetic vote and shows that the voter is not satisfied with the existing voting system or the parties. It expresses a stronger union of parties, which is needed to exhibit the dissatisfaction of citizens by making it visible for the candidates to know that they are not what a nation desires. NOTA is a systematic change in which the parties are forced to accept the will of the voters with respect to the voting system.
Advantages of NOTA
NOTA is subjected to many advantages; following are the positive points to NOTA:
Right to maintain equality
NOTA helps to maintain the right to equality as it does not discriminate on the basis of caste, creed and gender and gives equal opportunity to everyone to not vote and choose the option of NOTA.
Right to maintain secrecy
The best opportunity that NOTA provides you is the right to maintain secrecy. Due to the dominance of the party in a particular region, people might be influenced through that dominance but NOTA allows them to not vote and still maintain secrecy for the same.
Fair elections
NOTA is a key to fair election as when there are not desirable candidates in voting according to the citizens, they choose not to vote as an option and which brings their voting right to waste but with the advent of NOTA, people start to see it as an option rather, wasting their voting rights and bringing clarity to the elections.
Promoting desirable candidates
When most of the voters will choose NOTA as an option it will give a clear picture that more contesting parties are required as the present parties are not responsible enough to be the ruling party. After which the parties with good agendas which would be likely to the citizens will be formed.
Increases participation spirit
As stated above, when there were no desirable parties according to the citizens they chose not voting as an option but with NOTA, the participation for voting was raised as compared to the earlier data.
Preserves freedom of expression
It allows the citizen to have an unquestionable and unobjectionable right to dissent for a particular party as not choosing anyone is also a fair choice which should be respected and not subjected.
Prevents Bogus voting
As it is clear by the word bogus means, “ when something is not genuine or is fake”. NOTA prevents Bogus voting as it has the higher turnouts of being the result which in turn prevents fake voting.
Disadvantages of NOTA
NOTA is a positive change towards the society, though it is still subjected to few disadvantages which are as follows:
Act as a barrier for political parties
NOTA acts as a barrier for political parties. When NOTA secures more votes than the other contesting party and the other party has second-highest votes though, they can still be the ruling party; NOTA having the highest votes will create a union of non-supporting voters which will turn out non-cooperative for the party.
Misuse of NOTA by the citizens
Nota turns a misused option for those who have no interest in voting and overlook the capabilities of the contesting parties and just vote for the sake of using their right and not vote by choice.
Misuse of NOTA by the political party
Since the advent of NOTA, people have different options in voting. This has also increased unnecessary domination and influence of the political party on the citizens to not choose NOTA as an option and vote for that particular political party.
Non-effectiveness of NOTA
NOTA being a valid option in voting has the biggest drawback that is, if NOTA secures the highest number of votes and another party has the second-highest number of votes still the party securing second highest votes will become the ruling party. This is the biggest drawback of NOTA which makes it lose its novelty character and hence being ineffective.
Suggestions for the performance of NOTA
- If NOTA receives the highest vote then re-election in that constituency shall be held to get new contesting parties.
- If NOTA receives the highest vote and if there is no re-election then the governor should be appointed as the ruler.
- If NOTA receives the highest number of votes then, re-election shall be held and during re-election, the NOTA option must be disabled.
- The political parties that lost in elections at the time of NOTA should not be allowed to take a part in re-elections.
People’s Union for Civil Liberty v. Union of India, 2013
From the above-stated case, the policy of NOTA was created, for the fellow citizens and it was held in the case that, the decision of a voter after judging and verifying all the credentials and policies of the contesting parties; whether it’s a yes or no to vote for the particular party is his right and he can freely not choose any contesting party if he finds it right, which is correlated with the provisions of Article 19(1)(a) i.e “Freedom of Speech and Expression”. That is why it was necessary to create something like NOTA for the citizens. Through the establishment of NOTA, the electors have to vote in a secret manner without fear that their votes would be disclosed to anyone or would result in victimisation. There is no party affiliation and hence the choice is entirely with the voter.
The respective case also suggests us that if by chance voting right of any person is violated or is subject to some kind of undue influence then action can be bought through courts and the citizen can easily take recovery of his violated rights, which was held in the case of Kochunni vs. State of Madras, 1959 and the same was also held in the case of Daryao vs. State of U.P, 1962.
Conclusion
The issue of NOTA is as controversial as any other topic for a nation. It has many advantages and disadvantages. Few people take it as a positive change while other few as a negative one. A biased free option is never a harm in elections. When the option of NOTA was not present, then people wasted their right to vote by remaining in their houses but after NOTA, people actually realised their rights and instead of sitting at homes; they chose to vote. It is surely a positive systematic change in society but the only drawback is that its enforcement is not that strong and suggested changes must be required for the same.
Subjective Perception:- I strongly believe that NOTA is an appropriate step taken by the government. As I did suggest some of the above; the sooner suggestions will be implemented, a better system in elections will be established. So in my view, NOTA is definitely a Boon as it also promotes biased free elections and excludes undue influence which any party has on the citizens.
References
- www.indiankanoon.org
- http://www.legalservicesindia.com/article/1847/Freedom-of-Press—Article-19(1)(a).html
- https://www.thehindubusinessline.com/opinion/columns/nota-as-a-right/article26983554.ece#
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