Should NOTA Be Available Even for Uncontested Elections? SC Asks ECI
The Supreme Court of India will examine whether the “None of the Above” (NOTA) option should be made available to voters even when only a single candidate stands uncontested in elections.
During the hearing on August 7, 2025, a bench comprising Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh said the issue, though possibly academic for now, touches upon the core of democratic choice.
Court is hearing a Public Interest Litigation filed by the Vidhi Centre for Legal Policy, challenging Section 53(2) of the Representation of the People Act, 1951, which allows an unopposed candidate to be declared elected without any voting.
Justice Kant noted that while the law permits automatic victory in such cases, it fails to account for a scenario where voters may disapprove of the only candidate in the fray. Shouldn’t they still have the right to register that disapproval? he asked, pointing to the potential democratic deficit in denying voters the choice of NOTA in such situations.
Calling it a "very interesting question" warranting judicial consideration, Justice Kant said that allowing NOTA in these rare elections could at least symbolically protect voters' autonomy.
However, Attorney General R. Venkataramani pushed back, terming the suggestion of enforcing NOTA in uncontested polls as “non-plausible” in the Indian context.
Senior advocate Rakesh Dwivedi, appearing for the Election Commission of India (ECI), told the court that NOTA has never determined the result of an election so far, even though in some cases it garnered more votes than losing candidates. Still, he assured that the EC would comply with any legal direction from the court.
Additional Solicitor General S.D. Sanjay also raised a hypothetical concern: What if NOTA receives more votes than the sole candidate? And what if the same happens in a re-election?
In its affidavit, the EC emphasized how infrequently such situations arise. It informed the court that only nine uncontested elections have occurred in Lok Sabha history since 1951, with just one instance since 1991. Given this rarity, the Commission argued, any move to give NOTA legal effect in uncontested polls would require legislative amendments to the Representation of the People Act and the Conduct of Election Rules, 1961
Case Title: Vidhi Centre For Legal Policy vs. Union Of India And Anr
Hearing Date: August 7, 2025
Bench: Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh