https://www.taxtmi.com/caselaws?id=281215 NOTA could not be extended to elections to the Council of States because that electoral process is materially different from direct elections. In Rajya Sabha polls, members vote by proportional representation through the single transferable vote, with an open-ballot regime designed to preserve party discipline and prevent cross-voting. The earlier right-not-to-vote reasoning applied to direct, constituency-based elections and could not be transposed to this indirect constitutional scheme. The Election Commission's power under Article 324 had to operate within enacted law and could not create a voting option the statute and Constitution did not contemplate. The impugned circulars were therefore unconstitutional and without authority in law. en-us Tue, 21 Aug 2018 00:00:00 +0530 Sat, 08 Jun 2019 07:23:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=281215 NOTA could not be extended to elections to the Council of States because that electoral process is materially different from direct elections. In Rajya Sabha polls, members vote by proportional representation through the single transferable vote, with an open-ballot regime designed to preserve party discipline and prevent cross-voting. The earlier right-not-to-vote reasoning applied to direct, constituency-based elections and could not be transposed to this indirect constitutional scheme. The Election Commission's power under Article 324 had to operate within enacted law and could not create a voting option the statute and Constitution did not contemplate. The impugned circulars were therefore unconstitutional and without authority in law. Case-Laws Indian Laws Tue, 21 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=281215