Chain mails and SMSs have been doing the rounds for the past few months about 'Section 49-O',by which the Indian voter can exercise his or her right not to vote.
There some vital points in those mails and SMSs that were that were incorrect, and some more which were omitted, which are :
1.49-O is a rule in The Conduct of Elections Rules, 1961, not a part of the Constituion of India
2.There will be no re-poll if the number of 49-O 'non-votes' is more than the votes for any candidate.
3.The Electronic Voting Machines do not have an option for registering a non vote ; a person who decides to register a non vote will have to inform the presiding officer.This is a violation of the principle of secrecy of the ballot.
4.The Election Commission has made proposals in 2001 and 2004 for amendment of the Rules 22 and 49B of the The Conduct of Elections Rules, 1961 to enable negative or neutral voting,but nothing has been done so far.
Read the text of Rules 22, 49B and 49-O
The issue arising out of 49-0 is whether neutral or negative voting is simply a waste of a vote or a legitimate protest.
What does the electorate do if faced with the choice of voting in a dynastic political party with a long record of sycophancy,corruption and ineptitude on one hand,and on the other, a party which is the creation of a right wing extremist group ,capable of hold the public attention only by fuelling communal hatred ? While neither of the two are likely to come to power on their own , the next coalition government will be led by one of these parties and the choice lies between them.
On a different note ,what if one feels that none of the candidates in one's constituency (irrespective of their party affiliations) are deserving enough to represent the constituency in Parliament ?
The answer ,if there is one ,lies in whether the act of voting is considered as a right of the citizen , or a duty.
Article 326 of the Constitution of India says that a person "shall be entitled to be registered as a voter" subject to qualifications of age,soundness of mind etc. It can thus be inferred that voting in India is a right, not a duty like it is in 34 other countries where it is considered compulsory.Accordingly,the electorate in India should have a right not to vote as well.
However, as noted above, the proposals of the Election Commission are on the back burner for a long time, and that the right not to vote is non existent,or at least severely curtailed, under the current provisions.
If you want to do something about this,go to http://www.49-o.info/
There some vital points in those mails and SMSs that were that were incorrect, and some more which were omitted, which are :
1.49-O is a rule in The Conduct of Elections Rules, 1961, not a part of the Constituion of India
2.There will be no re-poll if the number of 49-O 'non-votes' is more than the votes for any candidate.
3.The Electronic Voting Machines do not have an option for registering a non vote ; a person who decides to register a non vote will have to inform the presiding officer.This is a violation of the principle of secrecy of the ballot.
4.The Election Commission has made proposals in 2001 and 2004 for amendment of the Rules 22 and 49B of the The Conduct of Elections Rules, 1961 to enable negative or neutral voting,but nothing has been done so far.
Read the text of Rules 22, 49B and 49-O
The issue arising out of 49-0 is whether neutral or negative voting is simply a waste of a vote or a legitimate protest.
What does the electorate do if faced with the choice of voting in a dynastic political party with a long record of sycophancy,corruption and ineptitude on one hand,and on the other, a party which is the creation of a right wing extremist group ,capable of hold the public attention only by fuelling communal hatred ? While neither of the two are likely to come to power on their own , the next coalition government will be led by one of these parties and the choice lies between them.
On a different note ,what if one feels that none of the candidates in one's constituency (irrespective of their party affiliations) are deserving enough to represent the constituency in Parliament ?
The answer ,if there is one ,lies in whether the act of voting is considered as a right of the citizen , or a duty.
Article 326 of the Constitution of India says that a person "shall be entitled to be registered as a voter" subject to qualifications of age,soundness of mind etc. It can thus be inferred that voting in India is a right, not a duty like it is in 34 other countries where it is considered compulsory.Accordingly,the electorate in India should have a right not to vote as well.
However, as noted above, the proposals of the Election Commission are on the back burner for a long time, and that the right not to vote is non existent,or at least severely curtailed, under the current provisions.
If you want to do something about this,go to http://www.49-o.info/
No comments:
Post a Comment