A Critical Analysis Of The Electoral Laws In India

Pranav N, BA LLB, School of Law, Christ (Deemed to be University)

ABSTRACT

The election is termed to be the greatest democratic festival in India. Indian Democracy has a representative form of government in which citizens above the age of 18 years cast their valuable votes for eligible candidates and elect them as their representatives for a period of time. The latest electoral reform was the implementation of the NOTA option in the EVMs and providing the voters with an extended option to make choices while choosing their representatives. This paper attempts to analyse the emergence of the right not to vote from the perspective of Hohfeldian analysis. This paper discusses the origin, relevance, and current statistics relating to NOTA in recent Lok Sabha and State Assembly elections and also the statutory Backing for the NOTA option in India. The paper presents an illustrative scenario in which NOTA votes exceed the number of votes received by any other candidate in that constituency, along with the consequences of validating votes cast for NOTA. The paper also addresses the prior need for the shift of the voters' mindset before the blame is made on corrupt politicians. The paper attempts to provide various suggestions for strengthening NOTA in India.