Arguments in favour of compulsory inclusion of NOTA:
- Democratic expression: NOTA provides voters the right to reject all candidates, reinforcing democratic choice even when only one candidate is contesting.
- Protects secrecy: It enables voters to exercise dissent without compromising ballot secrecy, aligning with the SC’s 2013 judgment.
- Symbolic pressure: Even if NOTA doesn’t lead to re-election, its presence acts as a signal to political parties to nominate better candidates.
- Unopposed wins countered: Prevents automatic victory in uncontested seats and ensures voter agency is respected in such rare cases.
- No major administrative burden: As uncontested elections are rare (only 6 Lok Sabha instances since 1971), adding NOTA in such cases wouldn’t significantly burden the Election Commission.
- Supports electoral reform: Could pave the way for more meaningful electoral reforms, like re-election mandates if NOTA crosses a threshold.
Relevance : GS 2(Governance ,Elections )
Arguments against compulsory inclusion of NOTA:
- Low usage: Historical data shows NOTA consistently receives only ~1% of votes; thus, its practical influence is limited.
- Lacks legal impact: NOTA doesn’t currently lead to rejection or re-election; even if majority votes for it, the candidate still wins.
- Legislative roadblock: Mandating NOTA would require amending the Representation of the People Act, 1951, and Election Rules, 1961 — a process beyond EC’s domain.
- EC’s resistance: The Election Commission opposes mandatory NOTA in uncontested elections, citing rarity and legal constraints.
- Declining trend: States like Gujarat and Bihar saw higher initial NOTA use (2.48% in Bihar 2015), but the trend hasn’t grown significantly.
Statistical Insights:
- NOTA use in Lok Sabha:
- 2014, 2019, 2024: Around 1% of total voters opted for NOTA.
- High State usage:
- Bihar (2015): 2.48%
- Gujarat (2017): 1.8%
- Uncontested elections: Only 9 cases since 1952; 6 in Lok Sabha since 1971.
Suggested Reforms:
- Re-election trigger: If NOTA exceeds a certain percentage, a re-election could be mandated.
- Minimum benchmark: Set a minimum vote threshold for candidates to be declared elected.
- Strengthen NOTA’s legal impact: Amend laws to give teeth to the NOTA option, making it more than symbolic.
Conclusion:
While NOTA currently holds symbolic power with limited practical consequence, compulsory inclusion — even in uncontested elections — enhances voter agency and democratic legitimacy. But to make it truly impactful, legislative backing and electoral reforms are essential.
