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2018 (8) TMI 1823 - SC - Indian LawsValidity of Circular dated 1st August, 2017 - conduct of elections for the Council of States - availability of the option None of the Above (NOTA) - HELD THAT - It can be said without a speck of doubt that the decision taken by the Election Commission as regards the introduction of NOTA in the election of the members to the Council of States also runs counter to what has been stated hereinabove. NOTA will destroy the concept of value of a vote and representation and encourage defection that shall open the doors for corruption which is a malignant disorder. It has to be remembered that democracy garners its strength from the citizenry trust which is sustained only on the foundational pillars of purity, integrity, probity and rectitude and such stronghold can be maintained only by ensuring that the process of elections remains unsullied and unpolluted so that the citadel of democracy stands tall as an impregnable bulwark against unscrupulous forces. The introduction of NOTA in indirect elections may on a first glance tempt the intellect but on a keen scrutiny, it falls to the ground, for it completely ignores the role of an elector in such an election and fully destroys the democratic value. It may be stated with profit that the idea may look attractive but its practical application defeats the fairness ingrained in an indirect election. More so where the elector s vote has value and the value of the vote is transferrable. The circulars issued by the Election Commission, the first respondent herein, introducing NOTA in respect of elections to the Council of States are hereby quashed - petition allowed.
Issues Involved:
1. Constitutionality of the Election Commission's circular introducing NOTA in Rajya Sabha elections. 2. Applicability of the Supreme Court's judgment in PUCL case to indirect elections. 3. Impact of NOTA on party discipline and anti-defection laws. 4. Role and powers of the Election Commission under Article 324 of the Constitution. Issue-wise Detailed Analysis: 1. Constitutionality of the Election Commission's Circular Introducing NOTA in Rajya Sabha Elections: The petitioner challenged the circular dated 1st August 2017 issued by the Secretary, Gujarat Legislature Secretariat, on the grounds that the introduction of NOTA (None of the Above) in Rajya Sabha elections is unconstitutional. The petitioner argued that the circulars issued by the Election Commission of India (ECI) introducing NOTA are contrary to Article 80(4) of the Constitution and the Representation of the People Act, 1951. The Supreme Court scrutinized the relevant constitutional provisions and rules, concluding that the introduction of NOTA in Rajya Sabha elections is unconstitutional and quashed the circulars issued by the ECI. 2. Applicability of the Supreme Court's Judgment in PUCL Case to Indirect Elections: The ECI relied on the Supreme Court's judgment in the PUCL case (2013) to introduce NOTA in Rajya Sabha elections. However, the Court clarified that the PUCL judgment pertains to direct elections where the principle of universal adult suffrage applies. The judgment emphasized that the right to vote includes the right not to vote, but this principle is relevant to direct elections and not to indirect elections like those for the Rajya Sabha, which involve proportional representation by means of a single transferable vote. 3. Impact of NOTA on Party Discipline and Anti-defection Laws: The Court examined the impact of NOTA on party discipline and anti-defection laws. It referred to the Tenth Schedule of the Constitution, which aims to prevent political defection and maintain party discipline. The introduction of NOTA in Rajya Sabha elections would undermine these objectives by allowing electors to defy party whips, leading to potential horse trading and corruption. The Court highlighted that the discipline of political parties is crucial in indirect elections, and NOTA would be counterproductive to the principles of party discipline and anti-defection laws. 4. Role and Powers of the Election Commission under Article 324 of the Constitution: The Court analyzed the powers of the Election Commission under Article 324 of the Constitution, which grants the ECI superintendence, direction, and control over elections. However, the Court emphasized that the ECI must act within the framework of laws made by Parliament and cannot introduce concepts like NOTA in indirect elections without legislative backing. The Court held that the ECI's decision to introduce NOTA in Rajya Sabha elections was beyond its powers and contrary to the legal framework governing such elections. Conclusion: The Supreme Court allowed the writ petition and quashed the circulars issued by the Election Commission introducing NOTA in Rajya Sabha elections. The Court held that the introduction of NOTA in such elections is unconstitutional, undermines party discipline, and is beyond the powers of the Election Commission as per the existing legal framework. The judgment reinforces the distinction between direct and indirect elections and the importance of maintaining party discipline and preventing defection in the electoral process.
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