The None of the Above (NOTA) option is a concept and a provision in the Indian electoral system that allows a voter to formally register a vote of rejection for all candidates contesting an election. It was introduced following the landmark Supreme Court judgment in People's Union for Civil Liberties (PUCL) v. Union of India in 2013. The Court directed the Election Commission of India (ECI) to provide the NOTA button on Electronic Voting Machines (EVMs) and ballot papers.
The problem NOTA solved was the violation of ballot secrecy under the previous Rule 49-O of the Conduct of Elections Rules, 1961, which required a voter who chose not to vote for any candidate to inform the Presiding Officer, thereby compromising their anonymity. The Supreme Court's ratio in the 2013 judgment was that a positive 'right not to vote' is an expression of a voter in a parliamentary democracy and must be recognized while maintaining the secrecy of their decision. This right is connected to the statutory Section 79(d) of the Representation of the People Act, 1951, which defines "electoral right" to include the right to "refrain from voting at an election".
In practice, NOTA is the last option on the EVM. The votes cast for NOTA are counted but are considered "invalid votes" for the purpose of determining the winner. Even if NOTA receives the highest number of votes in a constituency, the candidate with the next highest number of votes is declared the winner under the existing First-Past-The-Post system. A significant change occurred in 2018 when the Supreme Court barred the use of NOTA in Rajya Sabha elections, holding that it is meant only for direct elections based on universal adult suffrage. This decision upheld the principle that NOTA applies to elections for the Lok Sabha and State Legislative Assemblies, but not to indirect elections.