It’s not as if NOTA or None of The Above option is being introduced for the first time in the Rajya Sabha elections taking place in Gujarat on August 8. The option was available in all elections to the Upper House since 2014 as directed by the Supreme Court in 2013.
On September 27, 2013, a three-Judge Bench of the Supreme Court said NOTA was also in use in 13 countries, including the United States, France, Brazil, Bangladesh, Sweden and Spain. It observed that in Indian Parliament also, voting machines had three choices: Ayes, Noes and Abstain.
The Election Commission, in October 2013, issued directions for providing the NOTA option in elections. But then, doubts were raised about its applicability in the Rajya Sabha polls.
After examining the issue, the EC on January 24, 2014, directed that the option would also apply for elections to the Rajya Sabha. Immediately thereafter, NOTA was introduced for the biennial elections to the Upper House held in 16 States on February 7 the same year.
On February 27, 2014, while extending the NOTA option to the Legislative Council elections, the electoral body gave further directives on its use.
“In view of the existing rules, the electors — despite any party whip — can exercise their choice and in doing so, they do not face disqualification as legislators. The Supreme Court’s judgment in Kuldip Nayar vs Union Of India & Ors is significant in this regard,” said an EC official.
Kuldip Nayar case
In the Kuldip Nayar case, amendments introducing the open ballot system was under challenge, but was dismissed by the court.
The Supreme Court observed: “The contention that the right of expression of the voter at an election for the Council of States is affected by open ballot is not tenable, as an elected MLA would not face any disqualification from the membership of the House for voting in a particular manner.”
The Court said the member “may at the most attract action from the political party to which he belongs.”
