While hearing a PIL challenging the provision of uncontested elections where there is only one candidate, the Supreme Court on Thursday suggested holding elections in such cases. Justice Surya Kant made the suggestion while hearing a PIL filed by Vidhi Centre for Legal Policy challenging section 53(2) of Representation of People Act.
A bench of Justices Surya Kant and NK Singh were hearing the plea challenging the section that allows uncontested elections in situations where only single candidate is in the fray. The plea argued that this provision may infringe upon the fundamental rights of voters by denying them a genuine choice.
The petition said that there are many instances of members of parliament and legislative assemblies elected without any polling as there were no other candidates.
Considering the arguments, Justice Kant suggested holding election even if there is only one candidate, and make it mandatory for that candidate to win a minimum percentage of votes, like 10%. He asked, ‘Would it not be progressive that if even only one candidate is in fray, but it is made mandatory that he gets at least 10% of votes.’
Justice Kant: Would it not be progressive that if even only one candidate is in fray, buy it is made mandatory that he gets at least 10% of votes.
— Bar and Bench (@barandbench) April 24, 2025
Our's is most dynamic Constitution, which says democracy by majority…. No other Constitution says it this expressly.
He noted that India’s constitution is most dynamic Constitution, which says democracy by majority, adding that no other Constitution says it this expressly. He further asked, “Why should be allow someone to enter Parliament by default who hasn’t even got 5 % of total votes?”
However, when Attorney General Ramaswamy Venkataraman said that striking any provision is not an option, justice Kant said that the court won’t strike down anything, but wants to add something. He said that instead of striking the provision, a proviso can be added to the current provision, specifying that a certain percentage of votes like 5%, 10% 15% etc must be mandatory in cases where only one candidate is in the fray.
J Kant: The provision will remain same. Only proviso may be added that somebody will have to secure 5, 10 or 15%…
— Live Law (@LiveLawIndia) April 24, 2025
AG: This will not only involve government, but other stakeholders as well…some deliberations have taken place…please keep this on another day.
Justice Kant further added that this will prompt multiple party culture, and it would strengthen a healthy democracy. However, the court said that it is not issuing any order, as the petition was raising a hypothetical situation which may or may not arise. The bench said that the union govt should appoint an expert body to study the issue and make recommendations. While Election Commission of India already filed an affidavit in the court, the central govt sought more time to do the same. The court listed the matter to heard next in July.
