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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Karnataka High Court urges Parliament to enact Uniform Civil Code
Bengaluru: The Karnataka High Court has urged Parliament and state legislatures to enact a Uniform Civil Code (UCC), stating that such a law would uphold equality for women, promote harmony among castes and religions, and protect individual dignity.
The observation came from a bench headed by Justice Hanchate Sanjeevkumar while hearing a property dispute involving the estate of Abdul Basheer Khan, who died intestate, leaving behind both inherited and self-acquired immovable properties.
In its judgment, the court directed the Registrar General to send a copy of the order to the Principal Law Secretaries of the Union government and the State of Karnataka. It stressed that enacting a UCC would align with Article 44 of the Constitution and the principles laid out in the Preamble—justice, liberty, equality, fraternity, and national unity.
The bench noted that a UCC would ensure justice and equal opportunity for all, particularly women, regardless of caste or religion, and would safeguard the dignity and individuality of every citizen. It also cited Goa and Uttarakhand as examples of states that have introduced UCC laws and encouraged others to follow.
In the case at hand, the High Court upheld a lower court ruling that recognised Shanaz Begum’s right to a share in three properties. The appeal filed by the sons of Abdul Basheer Khan was dismissed, along with a cross-objection by Shanaz Begum seeking a larger portion of the estate.
Article 44 of the Indian Constitution states that the State shall endeavour to secure a uniform civil code for all citizens across India.
