Chief Justice of India BR Gavai underscores the significance of the “None of the Above” (NOTA) option, calling it a vital tool for voters to express dissent. He stresses that NOTA strengthens democracy by giving citizens a “meaningful choice and the ability to express dissent.”
Chief Justice of India BR Gavai has once again highlighted the importance of the “None of the Above” (NOTA) option for voters, saying it plays a key role in strengthening democracy and giving citizens real power in elections.
The CJI explained that the right to choose NOTA allows people to express their opinions freely and hold political leaders accountable.
Speaking on constitutional governance, CJI Gavai said that the Supreme Court’s recognition of the NOTA option ensures that voters have a
“meaningful choice and the ability to express dissent”.
He emphasised that this is an essential tool for citizens to make their voice heard in the democratic process.
The right to vote for NOTA was first recognized in a landmark judgment of the Supreme Court on September 27, 2013, in the case of People’s Union for Civil Liberties (PUCL) v Union of India.
Following this verdict, the Election Commission of India (ECI) was directed to introduce a NOTA button on Electronic Voting Machines (EVMs) and ballot papers. This move was seen as a major step forward in electoral reform, making it easier for voters to reject all candidates if they choose to.
Before 2013, voters who wanted to reject all candidates had to use Rule 49-O of the Conduct of Election Rules, 1961.
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This method, however, compromised the secrecy of the vote. The Supreme Court clarified that the right to vote also includes the right not to vote, and both must be protected under the fundamental right to freedom of expression (Article 19(1)(a)).
The Supreme Court also pointed out that the NOTA option encourages political parties to nominate candidates with higher moral and ethical standards.
It was seen as a necessary tool for expressing collective disapproval, helping improve representative governance in the country.
The NOTA option was first used in state assembly elections in 2013 and then in the 2014 Lok Sabha elections.
While a vote for NOTA does not disqualify candidates or trigger a re-election, it serves as a strong signal of public dissatisfaction. The growing number of NOTA votes is now being watched closely as a measure of voter discontent.
In the 2024 general elections, the Indore Lok Sabha constituency recorded the highest NOTA count, crossing the 2-lakh mark. This shows how voters are increasingly using the option to express their dissatisfaction with available candidates.
CJI Gavai’s recent remarks reinforce the main idea of the Supreme Court’s verdict: an informed and empowered citizenry is essential for a vibrant democracy. He stated that the ability to vote “None of the Above” is an important part of full citizen participation and political accountability.
During his four-day official visit to Bhutan, CJI Gavai spoke at the Royal Institute of Management on “Courts and Constitutional Governance” as part of the Fifth Wisdom for Future Talk Series, hosted by JSW School of Law.
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