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Home Landmark Judgments Democracy, Elections & Federalism
2013

PUCL v. Union of India (NOTA Case)

(2013) 10 SCC 1 · 3-judge bench

The Facts

The People's Union for Civil Liberties sought a direction to the Election Commission to let voters cast a secret negative vote — rejecting all candidates — instead of being forced to either vote for someone or publicly declare they weren't voting.

The Holding

The Court directed the Election Commission to introduce a "None of the Above" (NOTA) option on EVMs and ballot papers, holding that the right to vote includes the right to exercise a negative choice, and that secrecy of the ballot should extend to this choice too.

Gave Indian voters a real, secret way to formally reject all candidates in a constituency — now a standard button on every EVM.

Cross-References

Related law

Art. 19(1)(a)

The free-expression right this negative-voting right was read as part of

This is a plain-English summary, not verbatim judgment text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the full judgment (indiankanoon.org, sci.gov.in) or a qualified advocate before relying on this for an actual legal situation.