Question

Consider the following statements about NOTA (None of the Above) in Indian elections:

1. NOTA votes are counted as valid votes for determining the winner.

2. India was the 14th country to implement NOTA.

3. NOTA was made mandatory by the Supreme Court in 2013.

4. NOTA votes have the power to annul the election if they are the highest.

• A. 2 and 3 only
• B. 1 and 4 only
• C. 1, 2 and 3 only
• D. All are correct

Answer 1

Answer:

A. 2 and 3 only

NOTA (None of the Above) in Indian Elections

• The Supreme Court of India, in its landmark People's Union for Civil Liberties (PUCL) v. Union of India judgment (2013), directed the Election Commission of India to include the NOTA option in electronic voting machines (EVMs).
• This was done to allow voters to express their dissatisfaction with all contesting candidates without foregoing their right to vote.
• NOTA votes are not counted as valid votes for determining the winner. They are recorded separately and do not affect the vote share of any candidate.
• The candidate who secures the majority of the valid votes cast (excluding NOTA) is declared the winner.
• NOTA does not have the power to annul an election if it receives the highest number of votes. The election proceeds with the candidate who wins the majority of valid votes.
• India was among the earlier countries to introduce NOTA, but not the 14th. Several countries had similar options before India.
• The introduction of NOTA was a significant step towards strengthening the electoral process and ensuring greater accountability of political parties and candidates.
• This right to reject is a part of the freedom of speech and expression, as upheld by the Supreme Court.