The Supreme Court has recently made a decision to eliminate the use of ‘None Of The Above’ (NOTA) in upcoming Rajya Sabha elections. This judgement warrants a purposeful examination of the reasons and implications of this decision.
The Reasoning Behind the Decision
The court’s decision underlines that the NOTA privilege is meant specifically for universal adult suffrage and direct elections, not for polls conducted through the system of proportional representation by means of the single transferable vote utilized in the Rajya Sabha. The court further indicated that applying NOTA in Rajya Sabha elections contradicts Article 80(4) of the constitution. This article declares that the representatives of each state in the council of states should be elected by the elected members of the legislative assembly of the state following the system of proportional representation by means of a single transferable vote.
The Impact on Democratic Values
The court highlighted that NOTA could compromise the fairness of indirect elections, undermine the elector’s role in such an election, and weaken democratic values. It also suggested that NOTA might foster malpractices such as defection and corruption. Unlike direct elections where a candidate represents a constituency, a candidate in the Rajya Sabha represents the state. NOTA’s potential to devalue the worth of a vote and representation might lead to enhanced defection, encouraging corruption, a dangerous precedent for a democratic society.
Secrecy of Voting and Potential Violation
Another concern raised by the court was the violation of the voting secrecy through the open ballot system if NOTA is introduced in the Rajya Sabha elections. This could adversely affect the discipline that the Tenth Schedule to the Constitution mandates and potentially infringe upon the disqualification of a member on grounds of defection.
The Anti-Defection Law
The anti-defection law, established by the 52nd Amendment to the Constitution, outlines the process for disqualifying legislators on defecting grounds. This law was enacted in 1985 to improve the credibility of the country’s political system by addressing rampant party-hopping by elected representatives for personal and political considerations.
NOTA in Rajya Sabha
In the PUCL case, the Supreme Court directed the Election Commission to introduce NOTA in direct elections, enabling electors to express dissent or disapproval against the contesting candidates and to decrease bogus voting. In Rajya Sabha elections, a candidate must get a certain number of votes, as determined by a formula, to be elected. If a member from a particular party selects the NOTA option, this will decrease the total number of votes cast.
Background and Legal Perspective
The petition that challenged the introduction of NOTA in Rajya Sabha elections argued that the Election Commission cannot approve the use of NOTA in Rajya Sabha elections through mere circulars. This is because these types of circulars can potentially override the provisions of Article 80(4) — proportional representation by means of the single transferable vote, the provisions of Representation of People Act 1951, and the Conduct of Election Rules 1961. The Centre has also advocated for the removal of NOTA from Rajya Sabha polls.