NOTA – The right to reject
Saturday 28 September 2013
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From credentials and criminal
antecedents of candidates to the rights of voters, the Supreme Court has
triggered a massive debate by touching the crucial aspects of elections. This
will not only strengthen the idea of free and fair elections but will go a long
way in encouraging the exercising of the right to vote among the citizens of
India. Use of money and muscle power, rigging of poll booths, nexus between the
electorates and the corporate houses, candidates with criminal cases pending
against them being allowed to contest elections are some of the aspects that
have long induced the voters to refrain from participating in the democracy. It was
therefore, imperative on the legislature as well as the judiciary to plunge
into the cesspool that the politics in India has been reduced to and rid it of
its malaise.
By directing the Election
Commission to provide a ‘none of the above’ (NOTA) button on
the electronic voting machines which can be pressed by a voter to reject all
the candidates in a poll in case s/he finds them unsuitable, the Supreme Court
has brought the elections in India on the brink of inspirational change. It has
ushered in a key electoral reform that has found favours in the past with the
Election Commission of India as well as the Law Commission. As architected by
the former Chief Election Commissioner T S Krishnamurthy, the idea of according
a negative vote the same sanctity and secrecy as a vote in favour of a
particular candidate is a landmark step in the parliamentary democracy.
At a time when the elections in
India have been contaminated with sleaze money and big corporate interests and
many unscrupulous electorates stoop to undignified levels to exploit the cult
of ethnicity by playing the communal card, the right to reject will promote
free and fair elections and help in reducing bogus voting which is rampant in
many parts of the country. Often politicians tend to woo the voters on the
basis of material gratification rather than larger political and ideological
issues. Often the expenditure incurred by the political parties on their
election propaganda surpasses the limit prescribed by the Election Commission.
Even after repeated efforts to ensure free and fair elections, criminals are
offered tickets to contest elections from their constituencies. There is
therefore, a need to bring a sharp change in the electoral dynamics of the
nation. The NOTA ruling provides an opportunity to the citizens to safeguard
their integrity and that of the nation by rejecting convicted legislators and
rabble-rousing demagogues.
What is however uncertain is the
practical impact such a provision will have on the outcome of elections.
Election results have seldom shown any deviation in the twelve countries where
a provision to reject candidates exist. Perhaps the Election Commission could
fix a limit beyond which the percentage of NOTA votes would entail re-polling.
Whatever the outcome may be, the
need of the hour is to bring transparency in the electoral process and
strengthen it structurally. Other issues include but are not limited to curbing
the money power and the menace of paid news. It is necessary to crack the whip
on convicted legislators by disqualifying them and imposing upon them a ban on
contesting elections. Equally important is to encourage voter participation
through media mobilisation and awareness campaigns. Acceptance of freebies by
the voters should be a big NO if they are not to become morally corrupt. It is
incumbent on us to appreciate the fact that the right to elect includes the
right to reject.
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