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The Supreme Court is examining the constitutionality of unopposed election victories, focusing on whether they violate voters' rights by denying the NOTA option.

About Unopposed Elections

Section 53(2) of the Representation of the People Act, 1951 states that if the number of candidates equals the number of seats to be filled, the returning officer shall immediately declare those candidates to be elected. This means:

• No actual polling takes place
• Voters are denied the opportunity to cast votes
• The sole candidate is automatically declared elected
• Voters cannot express disapproval through NOTA

The Vidhi Centre's Petition

The Vidhi Centre for Legal Policy has challenged Section 53(2) as unconstitutional on the following grounds:

• It violates voters' fundamental right to free expression under Article 19(1)(a) of the Constitution.
• It denies voters the opportunity to express dissent through NOTA.
• It results in representatives entering Parliament without any electoral mandate.
• Between 1951 and 2024, 26 Lok Sabha constituencies saw unopposed elections, affecting over 82 lakh voters who couldn't exercise their franchise.

Supreme Court's views

• Court Questioned why candidates should win without any form of voter validation?
• Suggested that unopposed candidates should be required to secure a minimum vote share (10-15%).
• Emphasized that democracy thrives on majority will, not default wins.
• Called for a proactive approach to address potential future cases.
• Gave the Union government four weeks to respond.

The NOTA Factor

In 2013, the Supreme Court recognized NOTA as an expression of voter dissent in the case People's Union for Civil Liberties v/s Union of India. The Court held that:

• NOTA gives voters the right to reject all candidates
• It is an extension of the right to free expression under Article 19(1)(a)
• It serves as a feedback mechanism to political parties
• It enhances the purity of the electoral process

NOTA's Applicability to Unopposed Elections

Election Commission's Stance

The Election Commission of India (ECI) has defended the current system in its affidavit to the Supreme Court: Key Arguments by ECI

• Unopposed elections are extremely rare in modern Indian competitive democracy
• Only nine since 1951 had unopposed wins.
• Only one case since 1989 until the recent Surat case in 2024.
• Democracy has evolved with more parties, candidates, and voter awareness.
• NOTA applies only when polling occurs, as it's an option on EVMs.
• Treating NOTA as a default candidate would require amendments to:
• The Representation of the People Act, 1951
• The Conduct of Elections Rules, 1961

Lok Sabha v/s State Assembly Elections

While unopposed elections are rare in Lok Sabha, they occur more frequently in state assemblies due to:

• Dominant regional parties exerting local influence
• Weaker opposition in certain states
• Strategic withdrawals orchestrated by powerful political forces
• Rejection of nominations on technical grounds

Bigger Picture

• Voter Rights: Whether the right to express disapproval is fundamental to democracy
• Representative Legitimacy: Whether elected officials should have some minimum voter validation
• Legislative Gaps: Whether current laws adequately protect democratic expression
• Future-Proofing: Whether proactive measures are needed despite the rarity of cases

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Source: 

INDIAN EXPRESS