None
of the Above” (NOTA) seems to be the flavour of the season; with jurists,
activists and analysts all jumping on to the NOTA bandwagon. They would have us
believe, as the jingle for a mobile phone company goes, “What an idea sirji”.
But does this really ring true in the body politic?
I
have been actively engaged with a motley group of civic activists, who range
from Gandhian to Marxist in their ideology. I have heard them call for the
Right to Reject (RTR) ad nauseum. But I have never found it to be such a good
idea sirji. What do the proponents of NOTA/RTR say that has influenced the
Supreme Court (SC) judgment?
The
proponents claim that it will spur political parties to change their ways about
the selection of candidates. It will have a deterrent effect on them and impose
self-discipline. Some parties may actually be relieved that they now have a
readymade excuse to deny tickets to undesirable elements. The no-sayers will
have their identity kept secret, and won’t have to fill up the cumbersome Form
No 49(O) at the polling booths. Those who had earlier chosen not to vote, or
voted under duress for a lesser evil, would now have another alternative. This
is the death knell for TINA (there is no alternative). It could also prevent
bogus voting against the names of those who otherwise may not have turned up at
the hustings. All this sounds wonderful on paper. What of the ground reality?
Though
I do not belong to any political party, and have, over the years, voted for
various political parties/ persons, I have nevertheless been involved in voter
awareness programmes, and also electoral politics. Hence I see the ground
realities somewhat differently.
The
only person who seems to have openly opposed the NOTA/RTR judgment is Somnath
Chatterjee, former Speaker of the Lok Sabha, a 10-time MP, and an SC lawyer
himself. He says that the SC is “indulging in sensationalism”. Is the SC being
swayed by public opinion or by sound jurisprudence? I am not a legal eagle, but
I would agree with Chatterjee that the SC is indulging in judicial overreach,
and encroaching on the role of the legislature. Chatterjee questions, “How can
suggestions be given without considering the repercussions?”
Why
do people vote in India? Committed voters tend to vote along caste or communal
lines. Very few have an independent political ideology. As for those who vote
along party lines, they will continue to do so, regardless. One cannot expect a
major “swing” among such voters. This leaves us with the undecided or
non-voting electorate. Some of the undecided could be impelled to vote if there
is a major issue at stake, like the Emergency in 1977, or the Ramjanambhoomi
movement in 1996.
However,
NOTA/RTR is specifically addressed to those who are disinclined to vote, for
whatever reasons. They could have a general apathy or specific antipathy to
those standing for elections. I do not see significant numbers of this section
of voters being enthused by NOTA/RTR, more so if it has no impact on the
electoral outcome. In its present form NOTA/RTR is a toothless tiger, based
more on rhetoric than sound reasoning. It would have teeth only if such a vote
was the highest, and the verdict annulled, or the candidates disqualified. I
don’t see this happening, and parliament will never allow it. It therefore
serves no useful purpose, other than as an expression of angst against the
political class; of which we already have enough in the social, print and
electronic media, thanks largely to Anna Hazare.
I
also do not see NOTA/RTR having a major impact, unless there is a concerted
effort in a given constituency in a particular election. Who is going to
mobilize such massive public opinion against the established political
parties? Arvind Kejriwal, who once
advocated the RTR, has himself joined the political establishment! So who is
going to bell the cat? Assuming, without admitting, that such a super-person
exists, would it not be better for such a person/ organization to choose a good
candidate instead, and mobilize positive public opinion, instead of futile
negativism?
What
of the other dangers, which have already been expressed? What if extremists/
terrorists/ Maoists issue a diktat to a frightened electorate to use NOTA/RTR?
What will then happen to the legitimate democratic process? In Kashmir this
could even invite international ridicule. Hasn’t Gen V.K. Singh already done
his bit by crossing the line of actual verbal control?
Let
not the medicine be worse than the disease. The true and positive solution lies
in creating greater voter awareness, and in speaking up against corruption,
criminalisation, caste and communal politics. This is no doubt an arduous task,
but there are no short cuts in sight. Instead of criticizing the existing
political parties, one should join their ranks to impact them, or like
Kejriwal, float one’s own party if one has the will and the wherewithal.
I,
for one, am certainly not impressed by the NOTA/RTR in its present form, nor do
I see it as a game changer in Indian politics. It is not such a good idea,
Sirji!
·
The
writer is a Kanpur based social activist.
SEPTEMBER 2013
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