Supreme Court Suggests Minimum Vote Requirement for Unopposed Election Wins

Supreme Court Questions Unopposed Wins: Should Minimum Votes Be Required?

A Wake-Up Call for Indian Democracy

On April 28, 2025, the Supreme Court of India raised an important question: Should a candidate be allowed to win an election automatically just because no one else is running? In a democracy where the people are supposed to choose their leaders, this issue hits at the heart of voter rights and democratic legitimacy.

The Court, while hearing a petition, suggested that even in uncontested elections, a candidate should not be declared elected by default. Instead, they should be required to secure a minimum share of votes—say, 10% or 15% of the electorate—before being declared a winner.

This is about more than just legal technicalities. It’s about whether voters have the right to say “no” even when only one name is on the ballot.

Background: The Legal Loophole

The case before the Court involves Section 53(2) of the Representation of the People Act, 1951. This section currently allows a candidate to be declared elected without a vote if no one else files valid nomination papers.

But a public interest litigation (PIL) filed by the Vidhi Centre for Legal Policy argues that this violates voters’ fundamental rights. If there's no voting, how can people express disapproval—like choosing the "None of the Above" (NOTA) option?

The case brings attention to a lesser-known aspect of Indian elections that could have serious implications for representative democracy.

The Petition’s Core Argument: Where’s the Voter’s Choice?

The petition points out that unopposed wins deny voters the chance to use NOTA. And this matters because of a landmark 2013 Supreme Court ruling in People’s Union for Civil Liberties vs Union of India, which upheld that the right to cast a negative vote falls under freedom of speech (Article 19(1)(a)).

So, if voters can’t choose NOTA, are they truly free to express their political opinion?

The petitioner also provided data: From 1951 to 2024, there were 26 uncontested elections to the Lok Sabha. That means over 82 lakh voters never got the chance to vote in those constituencies.

Examples and Trends: It’s Rare, But It Happens

One recent case in the spotlight is that of Mukeshkumar Dalal, a BJP candidate who was declared elected unopposed from Surat in 2024. All other candidates either withdrew or had their nominations rejected.

Uncontested wins are more common in state assemblies than in Lok Sabha elections, but the concern remains. Democracy isn’t just about the right to elect—it’s also the right to reject.

What Did the Election Commission Say?

The Election Commission of India (ECI) responded to the petition with a mix of legal reasoning and practical observation.

Key Points from ECI:

• Uncontested elections are rare. They occurred in only 9 out of 20 general elections from 1951 to 2024.

• Since 1989, only one MP (Mukeshkumar Dalal) has been elected without opposition.

• Political competition and voter awareness have grown, reducing the chances of unopposed wins.

• NOTA only applies when voting takes place. It’s not a candidate and doesn’t apply in walkover wins.

The Commission also argued that any change to the system would require Parliament to amend the RPA, 1951 and the Conduct of Elections Rules, 1961.

Supreme Court’s View: Democracy Needs Approval, Not Default

The Supreme Court didn’t issue a final ruling but offered strong guidance:

• Even if there’s only one candidate, there should be some form of public approval—such as requiring a minimum vote share to win.

• Democracy is based on majority support. Winning by default, without anyone casting a vote, contradicts that principle.

• The Court advised the government to consider legislative changes to address the issue in future elections.

In short, the Court asked: Is it right for someone to enter Parliament just because no one else ran against them—even if no one actually voted for them?

Why This Matters: A Deeper Look

At first glance, this may seem like a technical debate. But it touches on some of the biggest questions in democratic theory:

• Should elections always involve a choice—even if it’s just the option to say “none of the above”?

• Can democracy tolerate "default" wins in an age of growing political participation?

• What kind of message does it send to voters when their voice isn’t even counted?

This discussion isn’t about one law or one candidate—it’s about the soul of democracy.

Conclusion: Rethinking Representation in the 21st Century

India’s electoral system has come a long way, evolving with its people. Voter turnout is higher than ever, political engagement is deepening, and awareness of rights is growing. In this context, allowing unopposed wins without a single vote being cast feels out of step with democratic values.

The Supreme Court’s suggestion is not just a legal recommendation—it’s a call for introspection. Shouldn’t we expect at least some level of public support before declaring someone elected? If democracy is rule by the people, shouldn’t the people always have a say?

As India looks ahead to future elections, the answer might shape not just who wins—but what winning means.

✅ Multiple Choice Questions (MCQs)

1. What was the key suggestion made by the Supreme Court regarding uncontested elections?
A) Ban uncontested elections
B) Allow NOTA in uncontested elections
C) Require a minimum percentage of votes to be declared elected
D) Postpone the election
✅ Answer: C) Require a minimum percentage of votes to be declared elected

2. Which section of the Representation of the People Act, 1951 allows unopposed candidates to win automatically?
A) Section 77
B) Section 100
C) Section 53(2)
D) Section 19
✅ Answer: C) Section 53(2)

3. What is the main argument of the petition filed by the Vidhi Centre for Legal Policy?
A) Uncontested elections save public money
B) NOTA should be abolished
C) Voters lose their right to express disapproval if there’s no poll
D) Candidates should pay higher nomination fees
✅ Answer: C) Voters lose their right to express disapproval if there’s no poll

4. How many uncontested Lok Sabha elections occurred between 1951 and 2024?
A) 10
B) 26
C) 40
D) 82
✅ Answer: B) 26

5. What did the Supreme Court say about democracy in the context of uncontested wins?
A) Elections should always be cost-effective
B) Democracy requires majority approval
C) Default wins are more efficient
D) One-candidate elections are preferable
✅ Answer: B) Democracy requires majority approval