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All About SC and Centre Debate on Unopposed Legislator Elections

Why in News ?

The Supreme Court and the Union government disagreed over judicial deliberation of direct uncontested elections to Parliament and state assemblies. While the SC termed it an “interesting” issue linked to NOTA votes, the Centre called it an academic exercise not warranting court interference in the context of legislative amendments.

Supreme Court’s Stand on Uncontested Elections

  • Bench view: Led by Justice Surya Kant, the SC noted such elections bypass voter choice in Lok Sabha constituency and Delhi Legislative Assembly elections.
  • Link to NOTA: Compared to an extension of the NOTA principle, where voters can reject a candidate.
  • Concern: If only one candidate is in the fray, voters lose the chance to express disapproval via NOTA votes.
  • PIL origin: Filed by Vidhi Centre for Legal Policy, questioning if the law undermines electoral democracy.
  • Section cited: Section 53(2) of the Representation of the People Act, 1951 allows uncontested candidates to be directly elected.

Centre’s Position and Practical Concerns

  • AG’s stance: Termed it an academic issue, given rarity of such cases in the context of government of India.
  • ASG’s concern: If NOTA rejection voids an unopposed election, fresh polls may repeat the scenario endlessly.
  • Political solution: SC suggested that future polls would see parties fielding candidates to avoid repetition.
  • Frequency: Centre argued minimal occurrence doesn’t justify legal changes.
  • Policy balance: Debate highlights tension between electoral choice and procedural efficiency.

Understanding NOTA :

● NOTA: Introduced by the ECI in 2013 after SC ruling; lets voters reject all candidates.

● RPA 1951 – Section 53(2): Enables declaration of an uncontested candidate as elected.

● Judicial Principle: Courts can review election laws if they impact fundamental rights.

● Democratic Ideal: Elections must reflect people’s choice, not procedural shortcuts.

● Past trends: Post-1991, rare instances of unopposed wins in major elections.