- May 17, 2019
- Posted by: Sayam Singh
- Category: ELECTION & CAMPAIGNS, Featured, Latest Work, POLICY AND POLITICS
This article attempts to review the relevancy of None of The Above (NOTA) by looking at how it has been used in the past elections. It concludes that NOTA needs to be backed by sufficient power for it to ensure the smooth functioning of democracy. The article aims to argue that NOTA should be inculcated with the power to improve the democratic system of governance that is tainted with corruption and divisive politics within India. Lok Sabha elections are ongoing, and our nation is grappled with the enthralling and often temperamental discussion on who to vote for in the upcoming elections. In this time of heated political debate, surrounding almost all major political parties, one can become disillusioned with democracy. At a time like this, NOTA stands as a valuable alternative.
NOTA and the Indian electoral system
Ever since the first election held in 1950, the Election Commission of India has gone to great lengths to ensure voter inclusivity. The option of entering a vote without favouring a particular candidate was also the result of a decade long case filed by the Election Commission of India in the Supreme Court.
Introduced in 2013, NOTA (None of the above) option on ballot allows voters to cast their vote without voting for any political party. NOTA button exists as the last option on the Electronic Voting Machine (EVM), and one can press this button to cast their vote against the favour of all the candidates that have stood in a particular constituency. India became the fourteenth country in the world to allow voters to place their vote without endorsing a candidate (Bhattacharjee et al.:2017). It can be argued that essentially, NOTA can be likened to wasting a vote as it does not affect the results of the election process. When passing the order, the Supreme Court specified that it lacked electoral value as, even in cases where NOTA managed to secure the maximum number of votes, the candidate with the highest count of remaining votes would be declared as the winner (Vachana and Roy:2017). NOTA differs from the option of ‘right to reject’, under which the voters have a right to reject the candidates that are running for elections.
In its judgment, the Supreme Court of India emphasized that alternative of NOTA could curb the cases of voter impersonation (Mahapatra: 2013). NOTA helps the voter to maintain her/his secrecy while casting this vote. Raman (2018) noted that violence during election time was prevalent in India, and this facility helped voters to express their dissent without being victimized for expression of free speech. Before the introduction of NOTA, the voter had to make their identity publicly known and sign on a form. It could have made the person vulnerable to violence. However, while on the one hand, the introduction of NOTA has helped to improve the democratic functioning, on the other, its status as a mere symbolic power places limitations on the scope of its achievements within the polity.
Need to Strengthen NOTA
Research on NOTA has demonstrated interesting trends about the voting pattern. For instance, an experiment conducted in Australia and the USA found that introduction of an option of NOTA increased voter participation as it allowed voters to express their dissent. People may use NOTA as a form of protest against the prevailing political scenario (Ambrus et al. 2019). A similar conclusion was formed by research done by Chatterjee et al. (2018), who too argued that the introduction of NOTA led to increased voter participation. Thus, at this end, it can be argued that NOTA, with its current status of having little symbolic power, has been beneficial to our democratic system.
However, this is not enough to encompass the complexities that NOTA brings with it to a highly diverse electoral forum. The increase in the number of voters does not tell us how this choice is exercised. In a relatively different argument, earlier research found that the introduction of NOTA was inconsequential to an increase in several voters (Bhattacharjee et al.:2017). Considering that in the five states where it was first introduced, namely Chhattisgarh, Mizoram, Rajasthan Madhya Pradesh, and Delhi, the number of votes that NOTA received was a mere 2.02% share of the total votes, it can be argued that the Indian voters’ cynicism against political parties in the country is a mere exaggeration (Vachana and Roy: 2017). On the other hand, it can also be contended that due to the lack of power of causing any change, the option of NOTA was ignored.
The research found that the two areas that recorded a large number of NOTA votes were reserved constituencies and those constituencies that saw a direct competition between Indian National Congress (INC) and Bharatiya Janta Party (BJP). Based on this, it was suggested that the voter is using NOTA to express their dissent with the current political scenario of the country. One may read into this some indication of the people’s disappointment with two mainstream political parties and longing for alternatives (Vachana and Roy: 2017). Overall, Indian voters seem to be using NOTA not just to demonstrate their disapproval of the candidates in the fray but, to express their protest against many things they perceive wrong within the political system. If NOTA is strengthened with real power, then the electoral dynamic can be improved as people who are disillusioned with their candidates can still participate in the democratic process and cast their vote.
NOTA reveals critical problems that currently plague Indian politics. Firstly, a higher number of NOTA votes was recorded in reserved constituencies and those constituencies that consisted of direct competition between the two major political parties of the country (Vachana and Roy:2017). It suggests that the public is dissuaded with the current political scenario of the country. They went on to contend that a higher share of NOTA votes in reserved constituencies indicated that social prejudice was still prevalent (Vachana and Roy:2017). It is essential to engage deeply with this proposal to improve both the social and political condition of the country. A relevant question to ask would be whether people in these constituencies are making a statement against reservation, or are simply against the running candidates. The second case suggests that there is a lack of an adequate national party to lead the country. There is a need for these parties to provide better candidates.
Secondly, while people may welcome its introduction, NOTA’s inability to cause any meaningful change is more likely to dissuade voters, particularly those that are young. NOTA carries symbolic power, and while it is a crucial step in the right direction, it is not enough. By facilitating it with some authority, the rate of voter participation will increase.
Noteworthy steps have already been taken in this direction. In 2018, the Maharashtra high court passed a judgment that stated if NOTA managed to secure highest number of votes, then re-election will take place (Ashar:2018). According to this landmark judgment, if all the candidates contesting from a particular constituency are unable to secure a higher number of votes than NOTA, then none of the contesting candidates would be declared as elected; instead, re-election would take place. It is unfortunate that no such provision was mandated for the ongoing Lok Sabha elections.
Benefits of a More Powerful NOTA
The Supreme Court of India hoped that NOTA would be instrumental in reducing corruption (Prabhakar 2014). NOTA needs to back with power that makes it more than a symbolic instrument to express dissent. Supporting it with ability to cause change would encourage political parties to select suitable candidates that would deliver. This, in turn, is more likely to fulfil the Supreme Court’s aim of reducing corruption in the country. If the same ruling as passed by Maharashtra court is implemented throughout the country, then parties would field only those candidates that have a good reputation and do not have any criminal cases pending against them. Thus, to be selected as candidates, party workers would do real work without demanding bribes in return.
Candidates often amass a vast amount of personal wealth after getting elected. They may then use their money to stay in power by using it to fund their campaign and even to buy votes (“Digital Governance Initiative – DigitalGovernance.org – None of The Above (NOTA): Bringing Cleaner Politics, More Power to the People”, n.d.). If in a case, where candidates of both major political parties are corrupt, then voters may choose for the ‘lesser evil’ and the problem of corruption would continue. Thus, if NOTA carries with it certain political weight, then voters will not feel that they’re wasting their vote and can opt for this alternative.
Stronger NOTA Can Help Democratic Polities
While the judgment passed by Maharashtra high court is a small but meaningful step in the right direction, it leaves much to be desired. For instance, a law can be passed that states, if NOTA gets the most number of votes in a constituency, then the political parties must be obligated to change their candidates for the re-election. It would ensure that NOTA is taken seriously by the political parties and can be used as an effective tool of power by the people to seize control of their political narrative.
Democracy needs to make improvements within its system to remain relevant constantly. It needs to provide political freedom to citizens so that they can support it. At a time when the very authority of the institution of democracy is under question (Brenan 2016), it is crucial to strengthen the limited spaces of expression that common people have. A stronger NOTA will pave the way for an efficient and accountable democracy, which would contribute towards a polity that delivers on the promises it makes to the people.
References
- Ambrus, A., Greiner, B., & Zednik, A. (2019). The Effects of a ‘None of the Above’ Ballot Paper Option on Voting Behavior and Election Outcomes. SSRN Electronic Journal. doi: 10.2139/ssrn.3280591
- Ashar, S., (2018). Fresh polls if NOTA gets most votes, says Maharashtra poll panel.The Indian Express.
- Bhattacharjee, P., Mandal, A., Mandal, B. (2017). Does NOTA Affect Voter Turnout? Evidence from State Legislative Elections in India.Asian Journal of Economic Modelling, 5(3), 331-341. doi: 10.18488/journal.8.2017.53.331.341
- Brennan, J., (2016).Against democracy. Princeton University Press.
- Chatterjee, S., Ujhelyi, G., & Andrea SzabÛ, A. (2018). None of the Above.
- Digital Governance Initiative – DigitalGovernance.org – None of The Above (NOTA): Bringing Cleaner Politics, More Power to the People. Retrieved from http://www.digitalgovernance.org/index.php/research/91-thematic-applications/126-none-of-the-above-nota-bringing-cleaner-politics-more-power-to-the-people
- Mahapatra, D., (2013). Supreme Court Gives Voters Right to Reject All Candidates. The Times of India. Retrieved from https://timesofindia.indiatimes.com/india/Supreme-Court-gives-voters-right-to-reject-all-candidates/articleshow/23144039.cms
- Prabhakar, A., (2014). Nota in India: An Electoral Renaissance? International Journal of Humanities and Social Science Invention, 3(6), 05-07. Retrieved from http://www.ijhssi.org/papers/v3(6)/Version-1/B03610507.pdf
- Raman, H., (2014). NOTA: Progress or Regress of Democracy? International Journal of Legal Research, 1(1), 52-57.
- Vachana, V., & Roy, M. (2017). NOTA and the Indian voter.Economic and Political Weekly, 53(6).
