NOTA can't be permitted in Rajya Sabha polls, says Supreme Court

The None of The Above (NOTA) option will not be available for elected MPs and MLAs voting in the Rajya Sabha polls anymore, with the Supreme Court quashing an Election Commission notification on Tuesday. The EC notification had provided such option in polls to the Upper House too.

The top court said the option may sound good superficially but wasn’t. It would encourage “defection” and “corruption” in the elections to the Upper House, the court said. “Introduction of NOTA in indirect elections may on a first glance tempt the intellect but on a keen scrutiny, it falls to the ground for it completely ignores the role of an elector in such an election and fully destroys the democratic value,” a bench led by CJI Dipak Misra said.

“… the idea may look attractive but its practical application defeats the fairness ingrained in an indirect election. More so, where the elector’s vote has value and the value… is transferrable.” Exercise of choice of NOTA where open ballot is permissible and discipline of the political party/parties matters, it is clear that such choice will have a negative impact, the bench said.


The court order came on a petition, filed by the chief whip of the Congress in the Gujarat Assembly Shailesh Manubhai Parmar, challenging the EC move. The EC insisted that it was introduced long ago and several rounds of indirect elections had since been held.