News in The Hindu today

SC directs Election commission to provide voters the right to reject

Ø With a view to bringing about purity in elections, the Supreme Court on Friday (27-09-2013) held that a voter could exercise the option of negative voting and reject all candidates as unworthy of being elected.  

Ø The voter could press the ‘None of the Above’ (NOTA) button in the electronic voting machine.

Ø “For democracy to survive, it is essential that the best available men should be chosen … for proper governance of the country.

Ø This can be best achieved through men of high moral and ethical values who win the elections on a positive vote.”

Ø Thus the NOTA option would indeed compel political parties to nominate sound candidates, said a Bench of Chief Justice P. Sathasivam and Justices Ranjana Desai and Ranjan Gogoi,

Ø “Giving right to a voter not to vote for any candidate while protecting his right of secrecy is extremely important in a democracy. Such an option gives the voter the right to express his disapproval of the kind of candidates being put up by the parties.

Ø Gradually, there will be a systemic change and the parties will be forced to accept the will of the people and field candidates who are known for their integrity.”

Ø The Bench said the NOTA option “will accelerate effective political participation in the present democratic system and the voters will in fact be empowered.”

Ø The right to cast a negative vote, “at a time when electioneering is in full swing, will foster the purity of the electoral process and also fulfil one of its objectives, namely, wide participation of people.”

Ø Not allowing a person to cast a negative vote would defeat the very freedom of expression and the right to liberty, it said.

Ø The Bench held that Election Conduct Rules 41(2) and (3) and 49-O of the Rules were ultra vires Section 128 of the Representation of the People Act and Article 19(1)(a) of the Constitution to the extent they violate secrecy of voting.
Ø Already Election commission has provided the provision of Rule 49-O to the voters  by which one can record a ‘no-vote’ option by signing a form in the presence of election officials, in the hope that a large number of such negative votes would induce political parties to field candidates known for their integrity.
Ø  A doubt arises as to what will happen if a very large percentage of voters go in for the no-vote option. Even a meagre turnout is considered good enough to declare a valid result now, but a heavy quantum of negative votes may affect the legitimacy of the election process. Perhaps, the EC could fix a limit beyond which the percentage of NOTA votes would entail re-polling.