Supreme Court Suggests Vote Threshold for Unopposed

Supreme Court Suggests Vote Threshold for Unopposed

Why in the News ?

The Supreme Court has sought the Centre’s opinion on setting a minimum vote threshold for unopposed election candidates to enter Parliament or state assemblies, stressing that democratic legitimacy should not be bypassed, even in uncontested scenarios.

Supreme Court’s Concern & PIL Background:

• A Public Interest Litigation (PIL) filed by Vidhi Centre for Legal Policy raised the issue of unopposed candidates entering legislatures.
• The SC bench, led by Justice Surya Kant, questioned the democratic fairness of allowing default wins.
• The court emphasized the right of voters to choose or even reject all candidates via NOTA (None of the Above).
• SC asked: “Why allow entry to Parliament without even 5% voter support?”

Legal Standpoints & Diverging Views

• The Election Commission (EC) said such cases are rare, with only 9 instances since 1951.
• Senior advocate Arvind Datar countered, stating 26 instances of unopposed wins in parliamentary elections since 1952.
• The bench stressed that mechanisms should be prepared for potential future misuse by affluent or influential candidates.
• Justice Kotiswar Singh supported the idea of setting a vote percentage (5-15%) even in uncontested elections.

Government Consultation & Next Steps

• The Attorney General agreed on the need for wider stakeholder consultation, including states.
• The court clarified that it is not striking down existing provisions, just suggesting a proviso for minimum votes.
• The EC termed the idea impractical, citing past issues with implementing NOTA.
• The Centre has been granted four weeks to respond, with the matter scheduled for July 2025.