14, Sep 2018
Prelims level : Mains level :
- In 2013, Supreme court directed the election commission to grand the option of NOTA to parliament and State Election.
- In January 2014, it was implemented by the election commission After 4 Year’s Supreme Court ruled that NOTA is not Valid for Rajya Sabha Election, Consequently, the election commission has removed it.
- Before NOTA came to existence, the People who cast negative vote has to cost them in a separate paper ballet. But this provision did not protect the identity of Voter.
- NOTA Protected the Identity of voter keeping the Secret ballot system intact.
- This NOTA provision cannot be given to Rajya Sabha elections as the NOTA is meant for individual voter’s.
- SC also mention’s that “The Introduction of NOTA in Indirect elections may on first glance tempt the intellect, but on Keen scrutiny, it falls to the ground, for it completely ignores the role of elector in such an election and destroys democratic value’s.
- The original order of 2013 was only on the spectrum of direct election.
- The Chief Justice also noted “Option of NOTA may serve as an elixir in direct election, but in respect of the elections to council of states, which is different, it will not only undermine the priority of democracy but also serves the Satan of Defection and Corruption” In Rajya Sabha Elections.
- MLA need to show ballot paper to authorised party agent before putting it in ballot box.
- If any MLA defies party directive by voting for someone else or uses NOTA, he / she can’t be disqualified as legislator.
- But the party is free to take disciplinary action including expulsion. Defiant voter can continue to be an MLA.
- HIS/HER Vote cannot be invalidated for defying party directions.
- In the Election commission notification.
- The Commission has gone beyond the 2013 Judgement ‘People’s Union for Civil Liberty VS Union of India” Case.
- With Introducing NOTA India become the 14th Country, but the votes will be considered invalid.
- However, the NOTA does not give a right to reject the candidate but to register a negative vote.