Friday, September 27, 2013

Political Career for Indian Youth:Supreme Court Judgement: Citizens have right to cast negative vote, to reject all candidates contesting Poll

Supreme Court Judgement:  Citizens have right to cast negative vote, to reject all candidates contesting Poll


In a landmark verdict, the Supreme Court today held that citizens have the right to cast negative vote rejecting all candidates contesting the polls. The apex court directed the Election Commission to provide 'none of the above options' at the end of the list of candidates in electronic voting machines (EVMs) and ballot papers to allow voters to reject those contesting polls.

A Bench headed by Chief Justice P Sathasivam said that negative voting would foster purity and vibrancy of elections and ensure wide participation as people who are not satisfied with the candidates in the fray would also turn up to express their opinion rejecting contestants. It said that the concept of negative voting would bring a systemic change in the election process as the political parties will be forced to project clean candidates in polls.

The Bench noted that the concept of negative voting is prevalent in 13 countries and even in India, Parliamentarians are given an option to press the button for abstaining while voting takes place in the House. The court said, right to reject candidates in elections is part of fundamental right to freedom of speech and expression given by the Constitution to Indian citizens. It said that democracy is all about choice and significance of right of citizens to cast negative voting is massive.


The apex court passed the order on a PIL filed by an NGO, People's Union for Civil Liberties (PUCL). The latest verdict is part of series of judgements passed by the apex court on the election process. Earlier, the apex court had restrained people in custody from contesting elections. The apex court has also ruled that MPs and MLAs would stand disqualified after being convicted of serious crimes. The government has brought an ordinance seeking to negate the court's judgement striking down a provision in the electoral law that protected convicted lawmakers from immediate disqualification

The Centre today said that it will study and examine the implications of the Supreme Court order on inclusion of Right to Reject button in electronic voting machine. Responding to queries by the media in New Delhi today, Information and Broadcasting Minister Manish Tewari said, it is equally incumbent on the government to apply to itself any order of the Supreme Court. Mr Tewari said, the government will consult all stakeholders and respond in due course.

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