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
|
