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ESC

Supreme Court’s remarks came in response to a PIL challenging Section 53(2) of the Representation of the People Act, which provides for direct election of candidates in uncontested elections.

Key Observations of Supreme Court (SC)

  • Democracy & Majority: SC highlighted, democracy is based on majority rule and suggested that even in uncontested elections, candidate should receive minimum percentage of votes to be declared elected.
  • Representation: Aim is to ensure that the elected candidate has some level of popular support, even when no competition exists.

Landmark Supreme Court Judgements in Reforming India’s Election Process

  • Association for Democratic Reforms (ADR) v. Union of India (2002): Mandated candidates to disclose criminal, financial, and educational details, enhancing voter transparency.
  • People’s Union for Civil Liberties (PUCL) v. Union of India (2013): Introduced NOTA option on Electronic Voting Machine (EVMs); empowering voters to reject candidates as their fundamental right of choice (Article 19(1)(a)).
  • Lily Thomas v. Union of India (2013): Struck down Section 8(4) of RPA, ensuring immediate disqualification of convicted legislators.
  • Lok Prahari v. Union of India (2013): Advocated for swift resolution of election-related disputes, emphasizing timely justice and transparency. 
  • ADR v. Union of India (2024): Declared Electoral Bonds Scheme unconstitutional, restoring transparency in political funding.

Steps Taken by the Election Commission of India for Electoral Reforms

  • SVEEP (Systematic Voters’ Education and Electoral Participation): Launched in 2009 by the ECI to enhance voter participation in India’s electoral process.
  • Home Voting for Eligible Voters in General Elections 2024: For the first time, home voting was extended nationwide for senior citizens above 85 years and PwDs with 40% disability, ensuring convenience and accessibility.
  • Elimination of duplicate voter IDs (2025): It is currently being undertaken in collaboration with Unique Identification Authority of India (UIDAI).
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