⚖️ Enhancing Democratic Legitimacy in Elections
📰 Why in News?
The Supreme Court of India has proposed that unopposed candidates in elections should be declared elected only if they secure a minimum percentage of votes, instead of winning automatically under Section 53(2) of the Representation of the People Act (RPA), 1951.
🧾 Background: The Petition and Legal Challenge
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Filed by: Vidhi Centre for Legal Policy, August 2024
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Core Issue: Constitutionality of Section 53(2) of RPA, 1951
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Main Argument:
“No poll = No NOTA = Voter rights violated.”
Cites PUCL vs Union of India (2013): Recognized NOTA (None of the Above) as part of Article 19(1)(a) – Freedom of Expression. -
Key Demand:
The right to reject (NOTA) should be available even if only one candidate remains, ensuring voter agency.
🔢 Uncontested Elections – The Data Snapshot
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Total Lok Sabha cases (1951–2024): 26 seats
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Voters affected: 82+ lakh denied the right to vote
Year-wise Instances:
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1957: 7
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1951 & 1967: 5 each
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1962: 3 | 1977: 2
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1971, 1980, 1989, 2024: 1 each
⚠️ Recent Case (2024):
BJP candidate won unopposed in Surat, Gujarat – after other nominations were either withdrawn or rejected.
🗳️ Election Commission of India (ECI) Response
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Unopposed wins are rare: Only 9 of 20 Lok Sabha elections had such cases.
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Since 1989, only one uncontested MP elected.
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On NOTA:
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Valid only when voting happens
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NOTA is not a candidate
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Changes require amending:
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RPA, 1951
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Conduct of Elections Rules, 1961
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⚖️ Supreme Court’s Stand: A Democratic Suggestion
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Proposed: Minimum threshold (e.g., 10–15% votes) required even in uncontested elections.
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Justification:
Democracy isn’t a default – it’s a mandate.
Even one candidate must earn public approval, not win by procedural formality. -
Advice to Parliament:
Frame statutory provisions ensuring minimum vote share in such cases.
🔍 Conclusion: A Step Toward Voter Empowerment
This case highlights the constitutional tension between electoral convenience and voter sovereignty.
The SC’s intervention seeks to fortify democratic legitimacy, ensuring that every winner must be chosen, not simply left standing.