Supreme Court Suggests Minimum Vote Requirement for Unopposed Election Wins

In a significant development aimed at strengthening democratic values, the Supreme Court has questioned the validity of declaring a sole candidate elected without public voting. It emphasized that even in unopposed scenarios, a basic level of voter approval—say, 10% or 15% of total votes—should be mandated. This discussion stems from a petition by the Vidhi Centre for Legal Policy, which argues that denying the NOTA (None of the Above) option violates the right to expression under Article 19(1)(a).

Why in the News?

The Supreme Court of India has suggested that candidates declared elected unopposed in elections must secure a minimum percentage of votes to validate their win. This suggestion came during a hearing on the constitutionality of Section 53(2) of the Representation of the People Act, 1951, which currently allows unopposed wins without actual polling

Background of the Case

• Petition Filed: August 2024 by Vidhi Centre for Legal Policy.
• Challenge: Section 53(2) of the Representation of the People Act, 1951.
• Argument: Denial of election when only one candidate stands deprives voters of the NOTA option.
• Legal Basis: Based on the 2013 PUCL judgment, where the SC upheld NOTA under freedom of expression (Article 19(1)(a)).

Data on Uncontested Elections

• Total Lok Sabha constituencies (1951–2024): 26 elected uncontested.
• Voters deprived: 82 lakh+.

Breakup

• 1951 – 5
• 1957 – 7
• 1962 – 3
• 1967 – 5
• 1971 – 1
• 1977 – 2
• 1980 – 1
• 1989 – 1
• 2024 – 1 (Surat, Mukeshkumar Dalal, BJP)

ECI’s Counterpoints

• Only 9 uncontested polls in 20 Lok Sabha elections.
• Since 1989, just one MP elected unopposed.
• Argued that with higher voter awareness, uncontested elections are rare now.
• NOTA is valid only when elections are held, not when a candidate wins unopposed.
• Any change would need amendments to RPA 1951 and Election Rules 1961.

Supreme Court’s Observations

• Democracy requires voter consent, even if only one candidate is running.
• Suggested introducing minimum vote threshold (10%-15%) for unopposed winners.
• Opposed the idea of “default” victories.
• Advised the Parliament to legislate accordingly.