Friday, September 27, 2013

And now, NOTA!

Supreme Court's reasoning in the NOTA case, delivered today, appears to be strong on Article 19(1)(a) grounds.  But on other aspects, I find the following justifications, very weak:

* The provision of secrecy must necessarily extend to NOTA
*  Other countries have it.
*  Our law-makers have the right to abstain
* NOTA will increase voter participation in democracy, as voters can send a message to parties.
* Not having NOTA will lead to impersonation of voters, as dissatisfied voters may abstain.
* EC must create awareness about NOTA ( Does the Court expect the EC to tell the voters not to vote at all  any of the candidates, if they are dissatisfied? Considering that there will always be some grounds for dissatisfaction, will it not result in the negation of EC's primary responsibility to conduct and oversee elections - a basic feature of the Constitution?)

These are my initial impressions.  I am sure our readers will analyse the judgment further and share their perspectives in the coming days. 
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