Page 121 - General Election

The Supreme Court, in its judgment on September 27, 2013, in the case of People's Union for

Civil Liberties Vs. the Union of India, directed the Election Commission to introduce the 'None of
the Above' (NOTA) option in Electronic Voting Machines (EVMs) and ballot papers. The court
found the previous provision, Rule 49-0, unconstitutional as it required voters not wishing to
vote for any candidate to inform the Presiding Officer, violating the principles of freedom of

expression and secrecy of voting.

Under the new system, a separate button for NOTA is provided on the Balloting Unit of EVMs.
This allows voters who choose not to support any candidate to exercise their right without

compromising their vote's secrecy. The Election Commission, following the court's order,
instructed Chief Electoral Officers of all States and Union territories to implement the NOTA
option.

The NOTA symbol, designed by the National Institute of Design (NID), is displayed below the
name of the last candidate on the Balloting Unit. The size of the NOTA panel is the same as that
for candidates, and the text is in the same language used for candidate names. When a voter

presses the NOTA button, their decision not to vote for any candidate is recorded secretly in the
EVM. To accommodate this change, the Commission made adjustments in the counting process,
using Form 17C and Form 20 to compile the number of voters who opted not to vote for any
candidate. This shift addresses the loss of secrecy that occurred with the introduction of EVMs,

ensuring that voters' choices remain confidential while exercising their right to abstain from
supporting any candidate.

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