Bihar Assembly Elections and the Right to Vote Debate
The recent discussions in the Supreme Court, coinciding with the first phase of the Bihar Assembly elections, have highlighted a significant debate regarding the 'right to vote' versus the 'freedom of voting'.
Legal Context
- The Centre argues that the 'right to vote' is a statutory right, while the 'freedom of voting' is part of the fundamental right to freedom of speech and expression as per Article 19(1)(a) of the Constitution.
- A petition challenges Section 53(2) of the Representation of the People Act, 1951, and related rules, claiming they violate the freedom of speech by preventing the use of the NOTA (None of the Above) option in uncontested elections.
Section 53 of the Representation of the People Act, 1951
- Section 53(2) applies when the number of candidates equals the seats available, allowing for candidates to be declared elected without a poll.
- The government maintains that the freedom of voting only applies if a poll is conducted, which under Section 53(1), occurs when there are more candidates than seats.
NOTA and Electoral Process
- The Centre argues that NOTA is not a 'candidate' under Section 79(b) and thus cannot prompt a poll under existing laws.
- Both the government and the Election Commission (EC) agree that legislative changes are necessary to treat NOTA as a contesting candidate.
Instances of Uncontested Elections
- Since 1951, there have only been nine instances of uncontested elections in 20 General Elections, with six since 1971 and only one since 1991.
- The EC notes that with the evolution of democracy, more political parties contest elections, reducing the occurrence of uncontested elections.