Electoral Reforms Since 2010: NOTA, VVPAT, Electoral Bonds, NRI Voting
Electoral reforms since 2010 explained for UPSC: NRI voting rights, NOTA, VVPAT, Electoral Bonds, and the Election Laws (Amendment) Act, 2021.
At a glance
A set of electoral reforms since 2010 -- NRI voting rights, NOTA, VVPAT, Electoral Bonds, and the 2021 Election Laws Amendment -- that reshaped voter participation, verification, and political funding.
NOTA (2013) lets voters reject all candidates without affecting the result; VVPAT (2013) gives voters a paper-trail check on their EVM vote.
Lily Thomas v. Union of India (2013) struck down Section 8(4) of the Representation of the People Act, 1951, making disqualification of convicted lawmakers immediate.
Together these reforms widened the franchise to overseas citizens, strengthened voter verification, and reworked the rules governing political donations.
Timeline
Electoral reforms NOTA VVPAT and related changes since 2010 refer to a cluster of measures — voting rights for overseas Indians, the None of the Above (NOTA) option, the Voter Verifiable Paper Audit Trail (VVPAT), Electoral Bonds, and the Election Laws (Amendment) Act, 2021 — that widened participation, strengthened voter verification, and reshaped political funding. Most came through amendments to the Representation of the People Act, 1951, Election Commission of India (ECI) orders, and Supreme Court directions, rather than through changes to the Constitution itself.
Voting Rights for Non-Resident Indians (2010)
The Representation of the People (Amendment) Act, 2010 extended voting rights to citizens of India living abroad. A citizen not already on any electoral roll, who has not acquired another country's citizenship and is absent from India for employment, education or similar reasons, can be registered as an elector in the constituency matching the residential address on their passport. This is commonly called NRI or overseas voting. It does not create postal or online voting — a registered overseas elector must still be physically present at the notified polling station in India to vote.
NOTA — None of the Above (2013)
Acting on a Supreme Court direction, the Election Commission introduced the NOTA option on ballot papers and EVMs so that voters who do not wish to support any contesting candidate can record that choice without giving up the secrecy of their ballot. NOTA was first used in the 2013 state assembly elections and continued in the 2014 state assembly and Lok Sabha elections. Importantly, NOTA has no rejection effect on the poll: even if the number of NOTA votes exceeds the votes secured by every candidate, the candidate with the highest number of votes among the contestants is still declared elected.
VVPAT — Voter Verifiable Paper Audit Trail (2013)
VVPAT is an independent unit attached to the EVM that lets a voter confirm their vote was recorded as intended. After a vote is cast, a paper slip showing the candidate's serial number, name and symbol appears behind a transparent window for about seven seconds before dropping into a sealed VVPAT box, usable later for manual-count verification in disputes. In 2013, the Supreme Court permitted the Election Commission to roll out VVPAT in a phased manner, calling it an indispensable requirement of free and fair elections. VVPAT was first deployed in a 2013 bye-election to the Noksen assembly constituency in Nagaland.
| Feature | NOTA | VVPAT |
|---|---|---|
| Purpose | Lets a voter formally reject all candidates | Lets a voter verify their vote was recorded correctly |
| Introduced | 2013, on Supreme Court direction | 2013, on Supreme Court direction |
| Effect on result | None — highest vote-getter still wins even if NOTA leads | Paper trail can support manual recount in disputes |
| First used | 2013 state assembly elections | 2013 Noksen (Nagaland) bye-election |
Candidate Eligibility: Two 2013 Supreme Court Interventions
Two Supreme Court rulings in 2013 affected who could contest and continue as a legislator. In Chief Election Commissioner v. Jan Chaukidar, the Court had upheld a Patna High Court view that a person barred from voting because they were in jail or police custody was not an "elector" and so could not contest either. Parliament responded with the Representation of the People (Amendment and Validation) Act, 2013, clarifying that such a person does not cease to be an elector merely because they cannot currently vote, restoring their eligibility to contest.
Separately, in Lily Thomas v. Union of India, the Court struck down Section 8(4) of the Representation of the People Act, 1951, which had let a convicted MP or MLA remain in office for three months while appealing. Since the ruling, disqualification takes effect immediately on conviction. A 2013 bill to reverse the ruling was later withdrawn by the government.
Political Funding Reforms and Electoral Bonds (2017–2018)
The 2017 budget lowered the ceiling on anonymous cash donations to a political party from ₹20,000 to ₹2,000 per donor and removed the earlier cap limiting corporate donations to 7.5% of a company's average net profit over the preceding three years. In 2018, the government notified the Electoral Bond Scheme as an alternative channel for political donations.
| Feature of Electoral Bonds | Detail |
|---|---|
| Nature | Bearer banking instrument (promissory note); does not carry buyer's or payee's name |
| Who can buy | Indian citizens; entities incorporated or established in India |
| Who can receive | Registered political parties that secured at least 1% of votes polled in the last Lok Sabha or state assembly general election |
| Encashment | Only through the eligible party's authorised bank account |
| Denominations | ₹1,000; ₹10,000; ₹1,00,000; ₹10,00,000; ₹1,00,00,000 |
| Buyer confidentiality | Maintained by the authorised bank, except when demanded by a competent court or a registered criminal case |
The 2018 budget also allowed political parties to receive funds from foreign companies, through an amendment to the Foreign Contribution (Regulation) Act, 2010 that changed the definition of a "foreign company."
Election Laws (Amendment) Act, 2021
This Act made four notable changes: it enabled voluntary linking of electoral roll data with Aadhaar to curb multiple enrolment of the same elector; it replaced the single annual qualifying date (1 January) for updating rolls with four dates a year — 1 January, 1 April, 1 July and 1 October; it made election law gender-neutral by substituting "spouse" for "wife," letting spouses of service voters (armed forces personnel and central government employees posted abroad) vote in person or by postal ballot; and it widened the grounds for requisitioning premises during elections to cover storage of voting machines, including VVPATs, and accommodation for security and polling staff.
Other Reforms Since 2010
| Year | Reform |
|---|---|
| 2009 (effective Feb 2010) | Exit polls and their results banned from publication during the notified election period |
| 2009 | Security deposit for Lok Sabha/assembly candidates raised (e.g., Lok Sabha general candidates: ₹10,000 to ₹25,000) |
| 2010 | Voting rights extended to citizens of India residing abroad |
| 2013 | Online filing for enrolment in the electoral roll introduced |
| 2015 | Candidate photographs made mandatory on EVMs/ballot papers to avoid confusion between namesake candidates |
UPSC Relevance
Prelims
- Know the years and instruments behind NOTA, VVPAT, Electoral Bonds and NRI voting.
- Distinguish NOTA's effect (no impact on the winner) from VVPAT's role (verification/recount).
- Note which reforms came via ECI orders, statutory amendments, or Supreme Court directions.
Mains
- Evaluate whether NOTA meaningfully strengthens voter choice given it cannot force a re-election.
- Discuss electoral bonds and political funding transparency as a governance concern.
- Assess how technology (EVM, VVPAT, online enrolment, Aadhaar linkage) has reshaped election administration since 2010.
FAQ
Q1. When was NOTA introduced in India and what happens if it gets the most votes? NOTA was introduced in 2013 following a Supreme Court direction. Even if NOTA receives more votes than any candidate, the candidate with the highest number of votes among contestants is still declared elected.
Q2. What is VVPAT and how is it different from an EVM? VVPAT is a paper-trail unit attached to the EVM. It prints a slip showing the vote cast, visible to the voter for about seven seconds, allowing verification and supporting manual recounts in disputes; the EVM itself only records and tallies votes electronically.
Q3. Can Non-Resident Indians vote online or by post? No. The 2010 amendment lets NRIs register as electors in their home constituency based on their passport address, but they must vote in person at the notified polling station in India.
Q4. What are Electoral Bonds? Electoral Bonds are bearer banking instruments, notified in 2018, that Indian citizens or India-incorporated entities can buy and donate to eligible registered political parties without their identity appearing on the instrument, with donations encashable only through an authorised bank account.
Q5. What changed for convicted lawmakers after the Lily Thomas case? Before 2013, a convicted MP/MLA had three months to appeal before disqualification. After the Supreme Court struck down Section 8(4) of the Representation of the People Act, 1951 in Lily Thomas v. Union of India, disqualification takes effect immediately on conviction.
Quick Revision
- NOTA: 2013, Supreme Court direction; no effect on the winning candidate.
- VVPAT: 2013, phased rollout approved by Supreme Court; paper slip visible ~7 seconds.
- NRI voting: Representation of the People (Amendment) Act, 2010; must vote in person in India.
- Electoral Bonds: notified 2018; bearer instrument; parties need ≥1% vote share to be eligible.
- Election Laws (Amendment) Act, 2021: Aadhaar linking, four qualifying dates, gender-neutral "spouse," wider premises requisition.
- Lily Thomas v. Union of India (2013): struck down Section 8(4) RPA, 1951 — immediate disqualification on conviction.
Sources
- Representation of the People Act, 1951 — India Code
- Election Commission of India — official website
- Supreme Court of India — judgments
- Legislative Department, Ministry of Law and Justice
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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