Supreme Court’s Landmark Decisions: From NOTA to Electoral Bond, How Did the 5 ‘Supreme’ decisions Impact Indian Elections?

Supreme Court’s Landmark Decisions: The first phase of Lok Sabha elections 2024 has been completed in India on 19 April. Voting for the other 6 phases will also be held within the next one month and counting of votes for all the seats will take place on June 4. Before this election, the Supreme Court had reserved the decision on the petition for EVM-VVPAT verification. 

In this report, let us know about those decisions of the Supreme Court since the independence of the country which have played an important role in shaping the democracy of India. 

Year 1952: The court cannot interfere in any intermediate stage until all the phases are over

In January 1952, a month before the first general election of independent India, the Supreme Court had given a major decision related to the elections. In this decision, the court had said that after the election process starts in India, the court cannot interfere in any intermediate stage until all the phases are over.  

Year 2013: Supreme Court had put the option of NOTA before the voters

In September 2013, the Supreme Court had put the option of NOTA before the voters. NOTA means None of the Above. At that time, the court had said that any voter who casts his vote should have the right to reject the candidates fielded by political parties in the elections. 

At that time, the Supreme Court had said that if the public rejects the candidates by pressing the NOTA button, then the political parties will be forced to respect the wishes of the people, and the party will field such people who are honest.

Voters also use this button a lot. According to the data, during the assembly elections held in Chhattisgarh, Madhya Pradesh, Rajasthan and Telangana in December 2023, there were a total of 47 seats where NOTA got more votes than the difference between the winning and losing candidates.  
What is NOTA? 
If you do not like any candidate in the constituency, the Election Commission has given an opportunity to vote on NOTA in the EVM.

NOTA can be used during voting both through Electronic Voting Machine (EVM) and ballot paper. The point to be noted here is that although NOTA cannot decide anyone’s defeat, this vote is counted and it cannot be considered an invalid vote. 

Year 2013: Supreme Court had asked the Election Commission to use VVPAT

In October this year, in the case of Subramanian Swamy, the Supreme Court had asked the Election Commission to use Verifiable Paper Audit Trail (VVPAT). Although the Election Commission initially opposed this decision, the Supreme Court had said in its decision that paper trail is very important for free and fair elections and the trust of voters can be won only by implementing paper trail. 

At that time, the Supreme Court had also said in its decision that only by having VVPAT system along with EVM, it will be known how accurate our voting system is. 

Year 2023: Supreme Court’s Ruling on Election Commissioner Appointment Overruled: Chief Justice Removed from Panel

In March 2023, the Supreme Court ruled that the Chief Election Commissioner and two Election Commissioners would be selected by a panel of three members and the members of this panel would include a Prime Minister of the country, a Leader of the Opposition and a Chief Justice of India. However, in the same year, the Central Government made another law for the appointment of the Chief Election Commissioner and Election Commissioners. Due to which the Chief Justice of India, one of the three members, was removed and replaced by a Cabinet Minister of the Central Government.

Year 2024: Supreme Court has cancelled the electoral bond scheme

In the year 2017, the central government had come up with the electoral bond scheme. Under this, any person, company or corporate group could provide as much electoral funding as they wanted to their favourite political party.

However, a five-judge bench of the Supreme Court has cancelled the electoral bond scheme. Not only this, during the decision, the court also declared keeping the names of those who donate to political parties secret as unconstitutional. 

After this decision of the Electoral Bond Court, for the first time the general public came to know how much money has been given by which company or person to which political party through Electoral Bond for the Lok Sabha elections .