Why in the News?

Funds spent by listed companies on Corporate Social Responsibility (CSR) rose by 16% to Rs 17,967 crore in 2023-24, in comparison to 2022-23.

What’s in Today’s Article?

• About CSR (Meaning, Objective, etc.)
• CSR Spending in FY24 (Statistics, Leading Contributors, Sectoral Allocation, Trends, etc.)

About Corporate Social Responsibility:

• CSR has become a central pillar of India's corporate governance framework.
• Enacted through the Companies Act, 2013 and enforced from April 2014, CSR mandates eligible companies to spend at least 2% of their average net profits over the preceding three years on socially impactful initiatives.
• Companies with a net worth of ₹500 crore or more, turnover of ₹1,000 crore or more, or net profit of ₹5 crore or more are obligated to undertake CSR activities.
• The intent behind the CSR mandate is twofold:
  • to ensure that businesses contribute meaningfully to society, and
  • to embed social responsibility as an integral part of corporate strategy.
• Over the years, CSR in India has expanded to include areas like education, healthcare, rural development, environmental sustainability, and cultural heritage.
• While compliance levels have consistently improved, recent trends suggest an evolving landscape where corporates are increasingly aligning their CSR strategies with sustainable development goals and national priorities.

Rise in CSR Spending in FY24

• In the financial year 2023-24, India witnessed a 16% surge in CSR spending, with listed companies investing a total of ₹17,967 crore, up from ₹15,524 crore in FY23​​.
• This significant rise mirrors the 18% increase in average three-year net profits, which grew to ₹9.62 lakh crore from ₹8.14 lakh crore​.
• As per the CSR mandate, companies were required to spend ₹18,309 crore.
• The slight shortfall between required and actual spending was due to ₹2,329 crore being transferred to Unspent CSR Accounts for future utilization​.
• This increase in spending came after three years of relatively flat growth, signalling a strong corporate commitment towards social welfare, driven by regulatory push and profit expansion.

Sectoral Allocation of CSR Funds

• CSR funds were predominantly directed towards key societal needs:

• Education remained the top priority, attracting ₹1,104 crore.
• Healthcare followed closely, receiving ₹720 crore​​.

• Notably, spending on environmental sustainability saw the steepest increase, with a 54% growth compared to the previous year.
• Meanwhile, areas like slum development (-72%), rural development (-59%), and armed forces veterans’ welfare (-52%) witnessed significant declines​.
• This sectoral shift indicates a growing awareness and responsiveness among corporates towards environmental challenges and the sustainable development agenda.

Trends in Compliance and Governance

• Corporate compliance with CSR norms continued to remain robust:
  • 98% of the 1,394 eligible companies fulfilled their CSR obligations​.
  • Around 49% of the companies exceeded their mandated spending, reflecting a proactive approach.
  • Only 259 companies fell short of the spending requirement, mainly due to multi-year project planning​.
  • Public Sector Undertakings (PSUs) also enhanced their contribution, with 66 PSUs spending ₹3,717 crore, marking a 19% increase from the previous year​.
• Governance around CSR has also improved. Companies spending over ₹50 lakh must form a CSR Committee comprising at least three directors, including one independent director.
• Among the 1,028 companies mandated to set up committees, 990 had fully compliant structures​.

Call for Revising CSR Thresholds

• Given the significant rise in average corporate profits over past decade, experts have called for a revision of CSR eligibility thresholds.
• The original thresholds were set when the average three-year net profit was ₹4.18 lakh crore; now it has more than doubled to ₹9.62 lakh crore.
• Revising these limits would help focus CSR mandates on larger entities and ease regulatory burdens on smaller companies.

Future Outlook

• As India's economy grows, CSR is expected to evolve from being a compliance obligation to a strategic pillar for brand building, social impact, and stakeholder trust.
• Emerging focus areas are likely to include:
  • Climate change mitigation
  • Digital inclusion
  • Skilling for the future workforce
  • Healthcare innovations
• Greater integration of CSR initiatives with corporate business strategies and national development programs will further enhance their effectiveness and impact.

Context:

• The growing environmental, economic, and governance challenges facing the world's oceans, emphasizing the urgent need for multilateral action to protect marine ecosystems.
• India's blue economy aspirations, the upcoming UN Ocean Conference (UNOC3), and global efforts like the BBNJ agreement (also known as the High Seas Treaty under the UN Convention) aims to ensure sustainable use and conservation of ocean resources.

Significance of the Oceans:

• Ocean - A global commons: Oceans feed, protect, and sustain human life. They are crucial for trade, sustainable energy, scientific knowledge, and livelihoods.
• India’s oceanic legacy:
  • India has a 7,517 km long coastline, impacting daily life, economy, and environment.
  • The Indian government’s Vision 2030 highlights the blue economy as one of the 10 core dimensions of growth.

Challenges Facing the Oceans:

• Environmental and economic threats:
  • Pollution: Over 8 million tons of plastic enter oceans annually (Science journal).
  • Overfishing: Over one-third of fish stocks are overfished.
  • Climate change effects: Ocean acidification, rising sea levels, marine ecosystem destruction.
• Governance and funding gaps:
  • Lack of global governance: No binding international law for vast areas, particularly the high seas.
  • Inadequate funding: Insufficient financial support for ocean preservation and sustainable use.

UNOC3 - A Historic Opportunity 10 Years After Paris Agreement (COP21):

• Third United Nations Ocean Conference (UNOC3):
  • Host: To be held from June 9–13, 2025, in Nice (France), and will be co-hosted by France and Costa Rica.
  • Participants: Around 100 heads of states, thousands of scientists, researchers, activists.
• Objectives: Operational and action-oriented discussions on focus areas:
  • Governance
  • Financing
  • Knowledge enhancement
• Nice ocean agreements: Like the Paris agreement (which established a binding global framework to limit climate change), it can form an International Pact aligned with UN Sustainable Development Goals (SDGs), especially SDG 14 (Life Below Water).

BBNJ Agreement - Marine Biodiversity Protection:

• Full form: Agreement on Marine Biodiversity of Areas Beyond National Jurisdiction.
• Need for ratification: Requires 60 countries to ratify for enforcement.
• Purpose:
  • Governance of high seas (>60% of ocean).
  • Combat hydrocarbon pollution, illegal fishing, endangered species capture.

Critical Actions for Ocean Protection:

• Financing the sustainable blue economy:
  • Public-private partnership (PPP) investments required.
  • Ensure marine resource regeneration for continued economic benefits.
• Enhancing ocean knowledge:
  • Current gap: We know more about the Moon and Mars than our own oceans.
  • Need:
    • Mobilizing science, innovation, education.
    • Greater public awareness and scientific exploration.

India's Role and Initiatives:

• Festival of ideas - "Not in My Ocean":
  • Organised by: It will be organised by France across India (Delhi, Chennai, Puducherry, Goa).
  • Activities: Exhibitions, film screenings, workshops, expert discussions.
• Blue talks:
  • Collaboration: Ministry of Earth Sciences, Embassy of Costa Rica, Indian institutions will hold “Blue Talks” in Delhi.
  • Purpose: Develop India's recommendations for UNOC3.

Conclusion - Oceans, A Universal Bond:

• Oceans are essential for climate resilience, food security, economic prosperity, and biodiversity.
• Collective multilateral action is crucial amidst challenges to multilateralism.
• UNOC3 represents a watershed moment for securing the future of oceans and humanity.

Context

• India’s economic ascent has been accompanied by intensified discussions regarding its arbitration framework’s potential to contribute meaningfully to the country’s commercial growth.
• As cross-border and domestic commerce flourish, the inevitability of commercial disputes has become evident.
• However, India’s traditional court-litigation system, burdened by overwhelming caseloads and inefficiency, struggles to meet the demands of a rapidly evolving economic landscape.
• These discussions often highlight legislative reforms and judicial restraint but overlook a crucial factor, the role of arbitrators, the most significant stakeholders in the arbitration ecosystem.

The Importance of Human Capital in Arbitration

• The success of any legal or dispute-resolution mechanism is determined not only by its theoretical or structural framework but also by the quality of its human capital.
• In the case of Indian arbitration, this human capital encompasses a community of arbitration lawyers and, even more crucially, arbitrators themselves, who serve as decision-makers in the process.
• The credibility and legitimacy of Indian arbitration are largely dependent on two critical parameters: the efficient conduct of arbitral proceedings and the quality of arbitral awards.
• In both aspects, the arbitrator’s role is central.
• While arbitration lawyers significantly influence proceedings, it is the arbitrators who ultimately govern procedural rules, set timelines, resolve procedural disputes, and penalise improper conduct.
• Their decisions, the arbitral awards, are the final products that parties may choose to accept or challenge in courts worldwide.
• Thus, arbitrators form the backbone of India’s arbitration environment and are essential to its success on the global stage.

The Neglected Discussion in Indian Arbitration: Building Elite Indian Arbitrators

• Despite their pivotal role, arbitrators rarely feature in the mainstream discourse on improving Indian arbitration.
• While numerous initiatives focus on expanding the arbitration bar, comparable efforts to strengthen the arbitration bench are notably absent.
• This omission is particularly concerning in light of observations by Justice D.Y. Chandrachud, the former Chief Justice of India, who recently questioned the absence of Indian arbitrators in purely international disputes.
• The marginalisation of Indian arbitrators on the global stage stems from a deep-rooted trend: the identification of elite Indian arbitrators primarily with retired judges of the Supreme Court or High Courts.
• It is a common practice in India, especially for high-value disputes, to prefer retired judges as arbitrators, assuming that their judicial experience naturally ensures procedural efficiency and well-reasoned awards.
• However, this assumption has been increasingly challenged.
• In June 2024, guidelines issued by the Ministry of Finance painted a grim picture of arbitration proceedings in India, highlighting their resemblance to protracted court procedures, their inefficiency, and the frequent setting aside of poorly reasoned awards.
• Clearly, judicial experience alone does not automatically translate into effective arbitration.
• The skills required to manage arbitral proceedings and deliver high-quality awards differ substantially from those needed in traditional courtroom litigation.

Requirement to Become a Proficient Arbitrator

• Skills Beyond the Courtroom
  • The transition from a judicial to an arbitral mindset demands a reorientation of skills and approaches.
  • A proficient arbitrator must be not only legally sound but also an adept manager of proceedings, balancing procedural certainty with innovation and flexibility, hallmarks of modern arbitration.
  • Unlike litigation, where rigid rules of civil procedure and evidence dominate, international arbitration demands familiarity with best practices that are often more flexible, efficient, and party-centric.
• Ability to Collaborate with Diverse Legal Systems
  • Additionally, in international settings, arbitrators often collaborate with colleagues from diverse legal systems and cultural backgrounds.
  • Successfully navigating such multi-national panels requires refined soft skills, including negotiation, persuasion, and cross-cultural sensitivity, competencies not automatically imparted through judicial service.
• Specialised Skills in Evidence Management
  • Finally, the drafting of an arbitral award demands a different methodology compared to writing a court judgment.
  • Arbitral awards typically involve a detailed examination of extensive documentary evidence, expert and fact-witness testimony, and sophisticated financial analysis.
  • Arbitrators must, therefore, possess specialised skills in evidence management, fact-finding, and damage quantification, areas that require dedicated training.

The Way Forward

• Diversification
  • First, the pool of Indian arbitrators must be diversified beyond the traditional cadre of advocates and retired judges.
  • Specialists from fields such as finance, engineering, international trade, and technology — who possess arbitration-specific expertise, must be encouraged to enter the field.
  • A broader base of arbitrators with diverse backgrounds would enrich decision-making and ensure more sophisticated, well-rounded outcomes.
• Structured Training
  • Second, rigorous and structured training programs must be institutionalised.
  • Prospective arbitrators should undergo comprehensive certification courses, practical workshops, and join professional arbitration associations to build a deeper understanding of both substantive and procedural aspects of arbitration.
  • Such programs would promote not just skill development but also a cultural shift, positioning arbitration as a first-choice career path rather than a secondary option post-retirement or post-litigation.

Conclusion

• The promise of Indian arbitration lies not only in legislative reforms or judicial restraint but significantly in the strengthening of its human capital, the arbitrators.
• By expanding and professionalising the arbitration community, India can move beyond traditional frameworks and truly establish itself as a global arbitration destination.
• A vibrant, diverse, and rigorously trained group of Indian arbitrators will not only enhance domestic confidence in arbitration but also elevate India’s standing on the international arbitration stage.

Context

• In recent years, democracies across the Western world have faced an escalating crisis.
• Marked by deepening political polarisation, growing mistrust in democratic institutions, and the rise of populism, these societies are increasingly turning inward.
• This phenomenon, although alarming, was foreseen in economic theory.
• Economist Dani Rodrik’s political trilemma, proposed over two decades ago, provides a powerful lens through which to understand these unfolding developments.

Rodrik’s Political Trilemma: Theoretical Foundations

• In his influential 2000 paper, How Far Will International Economic Integration Go? Rodrik highlighted three objectives of countries.
• Rodrik argued that countries could, at most, achieve two of the following three objectives simultaneously: deep international economic integration (globalisation), national sovereignty, and mass politics (popular democracy).
• Pursuing all three together, Rodrik contended, would eventually result in unsustainable tensions.
• Despite the strong rhetoric around globalisation, he observed that national barriers to free trade and economic integration had persisted due to transaction costs and protectionist policies, suggesting an inherent limit to how globalised the world could become.
• Rodrik’s once-theoretical framework is now being visibly manifested in the political and economic struggles of Western democracies.
• The ongoing crisis highlights the contradictions between the three goals and the grave consequences of attempting to balance them all.

From Theory to Reality: The Western Experience

• Reality of Globalisation
  • The first configuration Rodrik identifies is the combination of globalisation and popular democracy, achieved at the cost of national sovereignty. The European Union (EU) exemplifies this model.
  • EU member states have ceded significant control over monetary policy, trade, and migration to a supranational body to benefit from economic integration.
  • While the EU has created a vast single market and boasts impressive economic output, it has also generated resentment among segments of the population.
  • Many citizens feel economically marginalised or culturally threatened by policies that facilitate free movement and open borders.
  • This discontent has fuelled nationalist backlashes, most dramatically witnessed in Brexit and the rise of far-right political parties across Europe, showcasing the fragility of this configuration.
• The Issue of National Sovereignty
  • The second option involves maintaining globalisation and national sovereignty while sidelining mass politics.
  • This results in governance by technocratic institutions insulated from public opinion. Central banks and regulatory authorities often operate independently to prioritise market confidence over popular welfare.
  • However, this arrangement risks both democratic disengagement and national sovereignty, as global markets exert significant influence.
  • The experience of countries like Kenya, where IMF-imposed austerity measures provoked widespread public anger, illustrates the societal tensions that arise when global financial interests override domestic priorities.
• Bretton Woods Compromise
  • The third path, known as the Bretton Woods compromise, preserves national sovereignty and democracy while limiting globalisation.
  • Countries like India have adopted protectionist policies and industrial strategies to foster domestic growth while regulating foreign investment and influence.
  • China and the East Asian Tigers pursued controlled globalisation, allowing selective integration while maintaining political control.
  • While this model has delivered robust economic growth, it often comes at the cost of individual freedoms and political dissent, presenting a different set of trade-offs.

The Western Crisis: An Unattainable Balance

• The predicament facing Western democracies stems from a persistent attempt to achieve all three goals simultaneously.
• For decades, policymakers believed that open markets, national self-determination, and vibrant democracy could coexist harmoniously.
• However, globalisation has produced uneven outcomes, creating winners and losers within societies.
• Manufacturing industries in the U.S., the U.K., and Europe have declined, leaving once-thriving communities economically vulnerable.
• These economic dislocations have been fertile ground for populist leaders like Donald Trump, Geert Wilders, and Viktor Orbán, who capitalised on grievances against globalisation, immigration, and political elites.
• As traditional political parties and institutions lose public trust, populist movements advocate protectionism, tighter immigration controls, and disengagement from global cooperative efforts such as climate change initiatives.
• In doing so, they offer a nationalist alternative but further deepen societal divisions and threaten democratic norms. 

The Way Forward: The Urgent Need for a New Strategy

• Rodrik’s trilemma remains profoundly relevant today: nations cannot simultaneously sustain deep globalisation, full national sovereignty, and mass democracy.
• Without acknowledging and addressing the trade-offs, countries risk prolonged social unrest and economic decline.
• Moving forward, Western democracies must strive to ensure that the benefits of globalisation are more evenly distributed and that democratic institutions are revitalised to serve all citizens, not just the globalised elite.

Conclusion

• Revitalisation democratic institutions will require much more than populist rhetoric or the wholesale dismantling of government structures.
• Instead, it calls for thoughtful reforms aimed at strengthening social safety nets, empowering local communities, and creating inclusive economic policies that bridge the gap between the global and the local.
• Only by doing so can the Western world hope to navigate the challenges of Rodrik’s trilemma and secure a stable, prosperous, and democratic future.

Why in News?

The India Meteorological Department (IMD) has predicted above-normal rainfall of 105% of the long-period average (LPA) for the June-September southwest monsoon season.

Key drivers like the El Niño-Southern Oscillation (ENSO) and the Indian Ocean Dipole (IOD) are favorable for the monsoon.

 The April 15 forecast is the first of the year, with an updated forecast expected in the last week of May. Long-range forecasts can extend from 30 days to two years.

What’s in Today’s Article?

• Early Efforts in Monsoon Forecasting
• Post-Independence Challenges and the IMD’s Early Forecasting Models
• Recent Improvements in Monsoon Forecasting

Early Efforts in Monsoon Forecasting

• A systematic effort to forecast monsoon rainfall began in 1877, following the establishment of the India Meteorological Department (IMD) in 1875.
• The impetus for this was the Great Famine of 1876-78, which highlighted the critical need to understand monsoon patterns for agriculture, revenue, and public health.
• British colonial interests, including agricultural production and shipping, relied heavily on the monsoon.
• Blanford's Contribution (1882-1885)
  • The first tentative forecasts were made by Henry Francis Blanford, who analyzed the relationship between Himalayan snow cover and monsoon rainfall.
  • Blanford’s theory suggested that the extent and thickness of snow in the Himalayas influenced rainfall patterns over India, particularly in northwest regions.
• Eliot's Advances (1889)
  • Sir John Eliot succeeded Blanford as the first Director General of Indian Observatories in 1889.
  • Eliot expanded on Blanford's work by incorporating data on Himalayan snow, local weather conditions, and factors from the Indian Ocean and Australia.
  • Despite these advancements, Eliot’s forecasts were still unable to predict droughts or famines, such as the devastating Indian Famine of 1899-1900.
• Sir Gilbert Walker and Global Influences (1904)
  • In 1904, Sir Gilbert Walker succeeded Eliot and made significant advancements by incorporating global atmospheric, land, and ocean parameters.
  • Walker identified 28 predictors with stable historical correlations to the Indian monsoon and identified the Southern Oscillation (SO) as a key global pressure pattern influencing India's climate.
  • SO was later linked to El Niño, which was identified by Jacob Bjerknes in the 1960s.
  • Walker also divided India into three subregions—Peninsula, Northeast, and Northwest—for more accurate forecasts.

Post-Independence Challenges and the IMD’s Early Forecasting Models

• After India’s independence, the IMD continued using Walker’s monsoon forecasting model until 1987, but the forecasts were not very accurate.
• From 1932 to 1987, the average error in predictions was significant, with errors of 12.33 cm for the peninsula and 9.9 cm for Northwest India.
• The primary issue was that many of Walker’s parameters had lost their relevance over time, leading to poor accuracy despite attempts to improve the model.
• Introduction of the Gowariker Model (1988)
  • In 1988, the IMD adopted a new model based on power regression, developed by Vasant R Gowariker and his team.
  • This model used 16 atmospheric variables as predictors in statistical relationships with total rainfall.
  • Forecasts for the entire country replaced regional forecasts, though regional predictions were reintroduced in 1999 with modified geographical boundaries.
  • However, the new model still faced issues, and by 2000, four of the 16 parameters had lost their correlation with the monsoon, requiring adjustments.
• Failures and Re-evaluation (2000s)
  • The Gowariker model faced significant challenges, including its failure to predict the drought of 2002, which followed 14 years of good monsoons.
  • This failure led to a re-evaluation of the model.
  • In 2003, the IMD introduced two new models based on 8 and 10 parameters, along with a two-stage forecast strategy.
  • While the 2003 forecast was accurate, the models again failed to predict the 2004 drought, prompting further refinement.
• Development of the Statistical Forecasting System (2007)
  • In 2007, the IMD introduced a Statistical Ensemble Forecasting System (SEFS) to support its two-stage forecasting strategy.
  • This new system reduced the number of parameters in the models, replacing the eight-parameter model with a five-parameter model for the first forecast and the ten-parameter model with a six-parameter model for the update.
  • The aim was to avoid "overfitting," ensuring the models could accurately predict new data.
  • The IMD also implemented ensemble forecasting, which combined all possible forecasting models based on different predictor combinations to generate a more robust prediction.
  • This new approach significantly improved the accuracy of monsoon forecasts, with the average error decreasing from 7.94% of the long-period average (LPA) between 1995 and 2006 to 5.95% of LPA between 2007 and 2018.

Recent Improvements in Monsoon Forecasting

• Launch of the Monsoon Mission Coupled Forecasting System (MMCFS) - 2012
  • The introduction of the MMCFS in 2012 marked a significant advancement in monsoon prediction.
  • This coupled dynamic model combined data from the ocean, atmosphere, and land to provide more accurate forecasts.
  • The IMD used MMCFS alongside the SEFS for improved predictions.
• Multi-Model Ensemble (MME) Approach - 2021
  • In 2021, the IMD further enhanced its forecasting accuracy with the introduction of an MME system.
  • This approach incorporated coupled global climate models (CGCMs) from various global climate prediction and research centers, including India’s own MMCFS.
  • The MME system has significantly improved the accuracy of monsoon predictions.
• Notable Improvements in Forecast Accuracy
  • Since the introduction of SEFS in 2007 and MME in 2021, the IMD's operational forecasts have shown marked improvement.
  • The absolute forecast error in India's seasonal rainfall has decreased by about 21% between 2007 and 2024 compared to 1989-2006.
  • IMD's April forecasts have also become more precise, with deviations of only 2.27 percentage points in the actual rainfall from 2021-2024, well within the forecast range of 4%.
• Scope for Further Improvement
  • Despite these advancements, there is still room for further refinement.
  • Experts have suggested that the IMD should improve its dynamical models by addressing systematic errors and biases, as well as enhancing teleconnectivity with global climate modes such as the ENSO.
  • This could further enhance the precision of the IMD's monsoon forecasts.

Why in news?

The Supreme Court recently suggested that if there is only one candidate in an election, they should be required to secure a minimum prescribed vote share to be declared elected, rather than winning automatically without a poll.

The Court was hearing a petition filed by the Vidhi Centre for Legal Policy, which challenged the constitutionality of Section 53(2) of the Representation of the People Act, 1951. This section currently allows a sole candidate to be declared elected without an election.

What’s in Today’s Article?

• Background - Petition and Argument
• Uncontested Elections in Lok Sabha
• Response of the Election Commission of India (ECI)
• View of the Supreme Court

Background - Petition and Argument

• The petition was filed in August 2024.
• It argues that if an election is not held when there is only one candidate, voters lose the chance to choose the "None of the Above" (NOTA) option.
• This, the petition says, violates the fundamental rights of voters.
• Reference to Supreme Court Judgment
  • The petition cites the Supreme Court’s 2013 judgment in People’s Union for Civil Liberties vs Union of India.
  • In this judgment, the Court recognized the right to cast a negative vote (NOTA) as protected under Article 19(1)(a) of the Constitution.
• Core Argument
  • It argues that the right to express disapproval through NOTA should be available regardless of the number of candidates contesting the election.

Uncontested Elections in Lok Sabha

• The petition states that between 1951 and 2024, candidates were elected uncontested in 26 Lok Sabha constituencies, based on Election Commission of India reports.
• As a result, over 82 lakh voters were deprived of their right to vote.
• Breakup of Uncontested Elections
  • According to the petition, uncontested elections occurred as follows: seven in 1957, five each in 1951 and 1967, three in 1962, two in 1977, and one each in 1971, 1980, 1989, and 2024.
• Recent Example
  • In 2024, BJP candidate was declared elected unopposed from Surat after all other candidates withdrew or had their nominations rejected.
• Uncontested Elections in State Assemblies
  • The petition also points out that uncontested elections are more frequent in state Assembly elections.

Response of the Election Commission of India (ECI)

• The ECI, in its counter affidavit, noted that uncontested elections occurred in only nine out of 20 Lok Sabha elections held between 1951 and 2024.
• Since 1989, only one MP has been elected uncontested, highlighting that such instances have become extremely rare with the growth of political participation and voter awareness.
• Argument Against the Petition
  • The Commission argued that with democracy evolving and more parties contesting, the likelihood of uncontested elections is now minimal.
  • Therefore, the Supreme Court should not entertain the petition.
• Position on NOTA
  • The ECI emphasized that the "None of the Above" (NOTA) option is available only when polling takes place.
  • NOTA is not to be treated as a competing candidate in uncontested elections.
• Need for Legislative Change
  • The Commission stated that recognizing NOTA as a mandatory contesting option would require amendments to the RPA, 1951, and the Conduct of Elections Rules, 1961, as the current law does not provide for this.

View of the Supreme Court

• Suggestion for Minimum Vote Requirement
  • SC suggested that when only one candidate remains, they should be required to secure a minimum percentage of votes — such as 10% or 15% — to be declared elected, rather than winning automatically.
• Democracy and Majority Principle
  • It emphasized that democracy is founded on majority support, and even in uncontested situations, a candidate should have at least some voters’ approval to uphold democratic principles.
• Advice to the Government
  • SC urged the government to consider introducing a provision to address such scenarios in the future, stressing that Parliament could decide the specifics.
  • It questioned the idea of allowing someone to enter Parliament "by default" without even minimal voter support.