NOTA can't be allowed in RS polls: Supreme Court
New Delhi, Aug 21 : The Supreme Court on Tuesday ruled that NOTA (None of the above) option cannot be allowed in the Rajya Sabha elections as it would "wholly undermine the purity of democracy".
"The option of NOTA may serve as an elixir in direct elections but in respect of election to Council of States which is a different one, it would wholly undermine the purity of democracy and also serve as the Satan of defection and corruption," said a bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud.
Quashing a notification issued by the Election Commission introducing NOTA in Rajya Sabha elections, Chief Justice Misra speaking for the bench said: "The introduction of NOTA in indirect election may on the first glance tempt the intellect but on a keen scrutiny, it falls to the ground, for it completely ignores the role of an elector in such an election and fully destroys the democratic value."
"The idea may look attractive but its practical applications defeat the fairness ingrained in an indirect election," the court said.
"More so where the electors' vote has value and the value of that vote is transferable... It is an abstraction which does not withstand the scrutiny of the 'cosmos of correctness'," it added quoting Justice Krishna Iyer.
The apex court said it has to be remembered that "democracy garners its strength from the citizenry trust which is sustained only on the foundational pillars of purity, integrity, probity and rectitude and such strongholds can be maintained only by ensuring the the process of election remains unsullied and unpolluted so that the citadel of democracy stand still as an impregnable bulwark against unscrupulous forces".
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Congress to challenge Waqf bill's constitutionality in Supreme Court 'very soon'
New Delhi (PTI): The Congress on Friday said it will "very soon" challenge in the Supreme Court the constitutionality of the Waqf (Amendment) Bill, 2025 that has been passed in Parliament.
The opposition party also said it will continue to resist all "assaults" of the Modi government on the principles, provisions, and practices that are contained in the Constitution.
Parliament early Friday approved the Bill after the Rajya Sabha gave its nod to the contentious legislation following an over 13-hour debate.
In a post in Hindi on X, Congress president Mallikarjun Kharge said, "The atmosphere in the country regarding the Waqf Board Amendment Bill is such that it feels like this bill has been brought to harass minorities. Late at night in the Lok Sabha, when this bill was passed, it received 288 votes in favour and 232 votes against. Why did this happen? This means there are many flaws in the bill."
From this, one can guess that despite opposition from various parties, this bill was brought arbitrarily, he said.
"This 'might is right' -- won’t be good for anyone!" Kharge said.
In a post on X, AICC general secretary in-charge organisation Jairam Ramesh said, "The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill."
"We are confident and will continue to resist all assaults of the Modi Govt on the principles, provisions, and practices that are contained in the Constitution of India," he said.
The discussion on the Waqf Bill in the Rajya Sabha witnessed staunch objections from opposition parties, which termed the Bill "anti-Muslim" and "unconstitutional" with the government responding that the "historic reform" would benefit the minority community.
The Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was passed in the Lok Sabha early Thursday, with 288 members supporting it and 232 against it.
Ramesh also said that the INC's challenge of the CAA, 2019 is being heard in the Supreme Court.
The INC's challenge of the 2019 amendments to the RTI Act, 2005 is being heard in the Supreme Court, he noted.
"The INC's challenge to the validity of the amendments to the Conduct of Election Rules (2024) is being heard in the Supreme Court.
"The INC's intervention to uphold the letter and spirit of the Places of Worship Act, 1991 is being heard in the Supreme Court," the Congress leader added.
The Waqf Bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was passed in the Lok Sabha early Thursday, with 288 members supporting it and 232 against it.
Parliament also approved the Mussalman Wakf (Repeal) Bill, 2025, with the Rajya Sabha giving its nod. The Lok Sabha had already given its assent to the Bill.
