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SC suggests minimum vote requirement for uncontested candidates

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(Source – Indian Express, Section – Explained, Page – 12)

Topic: GS2 – Polity
Context
  • The Supreme Court recently suggested that when only one candidate remains in an election, they should not be automatically declared elected but must secure a minimum prescribed percentage of votes.
  • This proposal arose while hearing a petition challenging Section 53(2) of the Representation of the People Act, 1951, which currently allows unopposed candidates to be declared elected without voting.

Analysis of the news:         

The Petition and Key Arguments

  • Filed by the Vidhi Centre for Legal Policy, the petition argues that uncontested elections violate voters’ right to express dissent through the “None of the Above” (NOTA) option, as upheld in the 2013 PUCL vs Union of India judgment.
  • It asserts that the right to reject candidates should apply regardless of the number of contestants.

Uncontested Elections: Historical Data

  • Between 1951 and 2024, 26 Lok Sabha constituencies witnessed uncontested elections, affecting over 82 lakh voters.
  • Although the frequency has declined, examples like Surat in 2024 highlight that the issue persists. The trend is more common in state assembly elections.

Election Commission’s Stand

  • The Election Commission (ECI) countered that uncontested elections are now rare due to political diversification and greater voter engagement.
  • It emphasized that NOTA is meant for elections where polling occurs and that introducing a minimum vote requirement would need legislative amendments.

Supreme Court’s Viewpoint

  • Justice Surya Kant described the suggested reform as a “welcome and progressive step” to strengthen democracy.
  • He stressed that elected representatives should reflect genuine public support, even in uncontested scenarios, and urged the government to proactively consider legislative action.
Practice Question: Should uncontested candidates in elections be required to secure a minimum percentage of votes to be declared elected? Critically examine in light of recent Supreme Court observations. (250 Words /15 marks)

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