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In India, what is NOTA? It is the right to vote that is statutory. On the flip side, the right to not vote by maintaining secrecy has been claimed with the help of a petition that we filed to the Supreme Court by PUCL. The PUCL filed a Writ Petition under article 32, and the court judged its maintainability because whether the Right to Vote is a statutory right or not was contested. Nota is the right for registering your opinion, especially when it’s negative. However, it is not the Right to Reject. When citizens are given the Right to Reject, it will guarantee to serve two purposes: candidates having a clean background and also inducing citizens for their votes.
The Inception of NOTA
NOTA was first introduced in India through the electronic voting machine when the supreme court delivered the judgement in the Peoples Union For Civil Liberties Vs Union of India.
The Court brandished that although the Right to Vote is one of the statutory rights, the judgement carried by the voters is an element of Freedom of Expression under Article 19(1)(a), Fundamental Right of Freedom of Speech and Expression under Article 19(1)(a) and a statutory right according to Section 79 of Representation of Peoples Act is infringed if the right to not vote is rejected. Therefore the Court wielded that the Writ Petition is maintainable. Nevertheless, it dwindles in attaining the democratic objectives that the Indian citizens are allowed to. The paper, however, delineates the additional rung that India must take to guarantee that it becomes a fully usable democracy without corruption.
What Is Rule 49-O?
The Court wielded that Rule 49-O and Form 17-A, when read together, permit secretiveness to be infringed under Article 19 and Section 79(d) and 128 of the RPA. Besides approving the EC’s recommendation, the Court authorised the NOTA switch to be contained in the EVMs. The court interpreted that the NOTA switch looked for by the solicitors was identical to the ABSTAIN switch procured in the voting machine in Parliament. The others are AYES and NOES. By pushing the NOTA switch, the voters would, in the outcome, say they were forgoing voting as they did not disclose any candidates competent for their votes.
The Three-Judge Bench
CJI P Sathasivam led it unanimously asserted that ultimately voter participation elucidates the stability of democracy. Deficient voter participation tends to be a denial of obligation to democracy gradually but certainly, whereas bigger involvement is good for democracy. However, there are no yardsticks to infer the appropriate and favourable voter participation.
If bringing up the NOTA switch can improve partaking in democracy, a contingent viewpoint would be that nothing must stop it. Non-participation by people in the elections causes disinterest and frustration, and it is not healthy for a prospering democracy such as India.
How Can NOTA Help Our Democracy?
NOTA can be a great option that is initiated in the elections. Sometimes, a Member of the Legislative Assembly gets the seat while they don’t actually deserve it, by faulty means. People are left with no other option but to choose the false candidate. By initiating NOTA, when we think that none of the candidates is eligible, by simply selecting NOTA, they can be removed. NOTA can help people exercise their vote to express that they do not favour the parties and the candidates that are currently being nominated. BLANK voting is also crucial and something that candidates can exercise. It will help if the government decides not to include NOTA on the ballots.
What is Right To Reject (RTR)?
The Supreme Court issued a PIL to authorise the ECI to wield its plenary capacity under Article 324 to invalidate the election results and carry fresh elections when maximum voters select NOTA.
The system in India, nevertheless, is grossly distinct from other countries. As far as the Right to Reject is concerned, the Supreme Court has asserted that the overture does not encompass a Right to Reject, and it is the right to express a negative viewpoint.
NOTA- The Positive Points
There may be many negative points about NOTA for voters in elections. However, the positives about It cannot be overlooked. The supreme court intended that the parties should bet candidates with a good background and qualifications for the elections.
Conclusion
When you don’t think that any candidate is good enough, you must have the option to express your disappointment. NOTA gives you this option. It is very important because the candidate who wins the election will become an important element of the country’s government. Candidates should not feel compelled to vote for a contender even though they are not good enough. Therefore, only candidates who have a moral and crime-free background must contest the elections. When the NOTA option is implemented in its true spirit, the entire political scenario of India can drastically change.
