Chennai: The Supreme Court panel, comprising judges P. Sada­sivam, Ranjana Prakash Desai and Ranjan Gogoi, on Friday ordered  the Election Commission of India to provide the 'None Of The Above' (NOTA) button immediately in the electronic voting machines.
With this option, one can register one's vote, declaringthat none of the candidates deserved the vote.  In 2004, the then Chief Election Commissioner of India submitted a document to the Prime Minister on the right to reject the candidates. At the same time, the People's Union for Civil Liberties (PUCL), the voluntary organization, filed a public interest litigation for the provision.
Though the 49-O provision was provided in the Indian Constitution, registering it was not kept secret. Yet, in the 2009 LS polls, more than 10,000 voters opted for the 49-O option in Pudukottai constituency to register their decision.
Stating that the introduction of the NOTA button was a remarkable step, V. Suresh, National General Secretary of the PUCL, said, “It took almost a decade to get justice. The voter who wishes to vote 49-O was asked to fill a form. But now with the NOTA button, secrecy is maintained.”
He said elections that had become a farce and the NOTA button would be a first step in regulating the polling system.
“If the voter is not interested in casting his vote for any candidate, there is no need to remain silent. You can voice your decision through NOTA. And this would automatically affect the politician who would not be preferred by his party next time,” Suresh said.
Already preparing to initiate campaigns for NOTA, social activist R. Desikan said that negative voting would discipline candidates and the parties would be forced to select clean candidates.
“In the 2009 Lok Sabha elections, my team effectively campaigned for the 49-O option across Tamil Nadu.  As the Supreme Court has now directed the ECI to publicise the NOTA option, we will team up with ECI in this initiative,” he said.
Will go long way in  fielding candidates with clean image
G. Rajagopalan
I welcome the Supreme Court verdict on casting negative votes in EVMs and rejecting candidates who are facing polls. The apex court verdict will go a long way in creating awareness among voters and encourage them to take part in the election process.
In a vibrant democracy, all eligible voters should take part in the election process and exercise their franchise. However, a large number of electors do not take part in the poll process and abstain from voting due to various reasons.
The apex court recommendation will strengthen democracy by bringing more voters to the polling booths to vote.
As of now, ballot papers were being used to cast negative votes in the elections under Rule 49 (O) of the Representation of People Act. A voter who prefers not to vote has go to the polling booth and inform the presiding officer of his intention.
The presiding officer will make an entry in the relevant rule book after taking the signature of the elector.  Many objected to this as secrecy of voters was not maintained.
The Supreme Court recommendation will protect the identity of voters and maintain secrecy. Negative votes will cause embarrassment to elected and defeated candidates in the polls. Political parties may consider fielding candidates with a clean image as the parties may be affected by the results. 
As of now, negative votes, do not affect the poll result. Gradually, the time may come to amend legislation, according adequate importance to negative votes.
 - The writer is senior advocate, Madras high court.