NOTA (none of the above) option is antithesis of Democracy?
Dr VK Bahuguna
May 19, 2023, 06:17:45
In modern electoral process the right to reject or exercise the option of not voting for any of the contesting candidates in an election process is a new phenomenon in democratic polity in many countries including India. Indian society for past several decades and consequently the governing systems we had developed are particularly adept in aping the west at the behest of “crème de lla crème” of our intellectual mass. We have an entire ecosystem of non-government organizations and intellectuals who lap on anything they find of use to promote for the sake of promoting them and then soon plunge into a vigorous campaign in media and by approaching the judiciary. In India talks about NOTA started in the year 2009, while the then government opposed the option of ‘None of the above’ (NOTA), the Election Commission of India told the Supreme Court that it wanted to give the voters the choice of NOTA in the ballet paper/ Voting Machine. The Peoples Union of Civil Liberties, a non government organization filed a Public Interest Litigation in support of NOTA in Supreme Court. The Supreme Court in its ruling on 27th September 2013 ordered that the right to register a "none of the above" vote in elections should apply, and ordered the Election Commission to provide such a button in the electronic voting machines, noting that it would increase participation of people- a misplaced argument considering the real impact of NOTA in the democratic process of the country.
The basic objective of election is to elect our rulers through a participatory method and the cardinal principle of democracy is that the candidate who polled highest number of votes is declared elected against a seat be it a local bodies election or the state assembly or the Parliament. The recent assembly elections of Karnataka have once again opened a debate on retaining this option in the voting machine. More than 2, 59,278 people have cast NOTA in the 10th May 2023 elections in Karnataka. This is 0.7% of the total votes cast and more than the Aaam Adami Party’s vote of 0.58% which recently got the tag of a national party. Though the Congress had won a thumping majority in the recent 10th May 2023 Karnataka Assembly election winning 135 seats with 42.9 % vote share but in the by election in two constituencies for UP Assembly the Congress party got only 0.85% votes compared to NOTA which cornered 1.02% votes. During the previous Assembly elections in Madhya Pradesh and Rajasthan more than 4.5 lakh voters pressed NOTA Button in each state and changed the complexion of winning candidates.
Now let us examine how NOTA option is helping the democracy? The supporters of NOTA feel that it is a way to express the disenchantment of voters on the candidates selected by the political parties. The Election Commission officials may feels that it increases the voting percentage and thus participation of people in the electoral process and thus faith in democracy. However, the country’s intellectuals and citizens need to assess if this option is really helping the democracy or is proving that it is an aberration in democracy and it may sound more so if the NOTA option some day in some constituency obtains highest votes. In that situation the next candidate will still win. Except theoretically increasing the vote percentage it is of no use but tantamount to misuse of the process if we consider the basic premises of electoral process. It promotes indifference to the idea of basic right of the citizen to choose his or her representative for governance.
One positive aspect of increasing NOTA option in every election is a clear reflection of people’s desire for electoral reforms which the governments and political parties are opposing for obvious reasons. There is a dire need of electoral reforms in this country if the democracy has to be saved from the high jacking it by the criminal elements and the use of money and muscle power. In fact the entire judicial system is based on ‘witness concept’ as a proof in deciding the heinous cases. The rising trend of political parties giving tickets to persons guilty of heinous crimes and the criminals winning with thumping majority in many places is a clear case of failure of our system. All these criminals become role models for others and their henchmen who are waiting in the wings. The rising political murders and crimes for property grabbing are increasing all over the country with political patronage. The use of money in elections and paid news concept is another area which is damaging the true fibre of democracy. It is not possible for a poor and middle class fellow to either fight an election or even fight a case in the Supreme and High Courts.
Thus the real need is electoral, legislature and judicial reforms. The Judiciary is giving more importance to issues which most of the people of the country are not bothered about. To clean the democracy a few constitutional amendments should be passed. First, derecognize the political party if a candidate elected on its ticket is subsequently convicted of heinous crimes like murder. It will discourage political outfits to give tickets to criminals. Second, Election Commission must not issue voters card without proper verification of residence of the applicant as in many cases the two conditions of ‘ordinarily be the resident of locality’ and about the ‘criminal antecedents’ of the applicant as these are never verified. It is free for all with the results that large numbers of foreigners have become voters in India. In Uttarakhand and Punjab during last ten years there has been an unprecedented increase of voters ranging from 43 to 70 percent in many constituencies according to a study carried out by SDC Foundation of Dehradun. I had taken up this issue with the Election Commission in January 2023 and the Election Commission had ordered setting up of District, Constituency and Booth level Committees. . The wrongful issue of documents by public servants should be made punishable. But the officers are not taking any appreciable action on it. Third, freebies should be totally banned. Fourth, restrict electioneering to only one week to 10 days so that money power can be curbed and politicians guilty of corruption must be punished and debarred from standing in elections and voting . Fifth, last but not the least conviction procedure needs a thorough change so that criminals are brought to justice. It is matter of common sense that no one kills other person in front of a witness and even if the witness is there his life also becomes in danger. Swift and lasting justice for criminals is the lasting solution for a better law and order in the society. We should rather than aping the west in Democracy should learn lesson from our own ancient Panchayat raj system. Change is a must in any society and change is inevitable. Even the Keshvanand Bharti case which declared that basic structure of constitution cannot be changed is flawed from the doctrine of sovereign will of the people. A provision of Referendum instead should be incorporated in the constitution. Rather than NOTA let us argue for reforms.
(Author Dr. VK Bahuguna
A. Formerly:
1. Director General ICFRE & Chancellor FRI University Ministry of Environment, Forest and Climate Change Government of India;
2. Principal Secretary and APC (in Apex Scale) Departments of Agriculture, Horticulture, Forests, Animal Husbandry and Planning and Coordination and Economics Government of Tripura;
B. i) Chairman, Centre for Resource Management and Environment (a non profit registered Trust) ; ii) Chairman, Jan Vikas Manch, Uttarakhand ( People's movement for livelihood and transparent governance)
Address: i) Noida: A 101, Jagdambe Apartments, C-58/25 Sector 62 NOIDA, UP-201309: Telefax: +91-120-4548664 *Mobile: +91-9810405137 & 9412057333
& ii) Dehradun: 281 Phase I Vasant Vihar Dehradun Uttarakhand Pin 248006)
(Tripurainfo)