New Delhi: The Supreme Court on Tuesday said that some mechanism, not necessarily punitive, needs to be devised to compel voting to strengthen democracy by attracting more eligible people to participate in elections and make the Nota option redundant. CJI Surya Kant and Justice Joymalya Bagchi said the Nota option was designed to bring better candidates into the fray and encourage voters to exercise their franchise. The judges said a decade of experience showed that only a tiny minority of voters exercised that option.These observations came from a bench that was hearing a PIL by the Vidhi Center for Legal Policy advocating for Nota to be fielded as a candidate in a constituency where only one candidate was contesting to find out whether the lone contestant commanded the trust of voters.Senior advocate Arvind Datar said placing Nota as a candidate on the ballot would deter candidates from using money and force to force opponents out of the race. Lawmakers pointed out that for Nota to be a candidate, parliament would need to introduce an amendment to the Representation of the People Act. Attorney General R Venktaramani said how can a PIL under Section 32 be maintained when voting is not a fundamental right (i.e. one can approach the SC directly when fundamental rights are violated).
It’s up to Parl to decide if any modifications are needed: AG to SC
Senior advocate Arvind Datar said putting Nota on the ballot would deter candidates from using money and force to force opponents out of the race.Attorney General R Venktaramani said how can a PIL under Section 32 be maintained when voting is not a fundamental right (i.e. one can approach the SC directly when fundamental rights are violated).“Let the judiciary not decide what changes to make in the RP Act. It is for Parliament to decide whether any deficiencies need to be remedied or any changes to the regulations made,” the Attorney General said.The bench said educated, affluent people do not come out to vote in large numbers, in stark contrast to people in rural areas where polling day is like a festival and everyone celebrates by exercising their franchise.The government in its affidavit opposed the PIL and said, “Nota option is not a person duly nominated in any election and therefore cannot be treated as a candidate under the Representation of the People Act, 1951. ‘Nota’ should not be given artificial personality. ‘Nota’ is merely an option or expression and does not meet the definition of ‘candidate’.”
