The Supreme Court noted that more than a decade after its introduction, it has had little impact on the choice of candidates fielded by political parties.
- In NOTA, citizens choose to vote by not giving a vote to any political candidate.
- In 2013 in PUCL vs Union of India, Supreme Court directed the ECI to include a NOTA option on Electronic Voting Machines (EVMs).
- First Implementation: NOTA was first implemented in the 2013 legislative assembly elections in Chhattisgarh, Mizoram, Rajasthan, Madhya Pradesh, and Delhi.
Challenges with NOTA
- Uncontested Elections: Voters cannot exercise the NOTA option in constituencies where a candidate is elected unopposed.
- No Impact on Election Results: Even if NOTA gets the highest votes, the candidate with the next highest votes is declared the winner.
- Ineffectiveness Against Criminality: As political parties continue to select candidates based on electability rather than moral considerations.
Way Forward
- The 50%+1 Rule and Candidate Bans: Under this rule, re-elections happen if NOTA gets 51% of valid votes, with the previous candidates barred from contesting again.
- This is done in Columbia.
- State-Level Initiatives: The State Election Commissions of Maharashtra and Haryana have taken positive steps by treating NOTA as a fictional candidate and ordering re-elections when NOTA secures a majority.
