NOTA and Freedom of Expression

The Longest Constitution with Priya Mirza

Considering the number of candidates contesting in elections who have pending criminal cases against them, what if one does not actually want to vote for any of them? This episode looks at the litigation which led the Supreme Court to introduce the option of NOTA - None of the Above in EVMs (electronic voting machines). We also look at the Delhi oleum gas disaster, which was eerily similar to the Bhopal gas tragedy but we note the differences in the litigation and outcome. And finally, we look at how television is also regulated by arbitrary and vague codes which allow prohibition in its transmission.

Listen to the previous episode here: The Longest Constitution

Reading material:

Delhi oleum case:

1. Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 15.

2. https://indiankanoon.org/doc/1486949/

Freedom of expression and TV:

1. Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking.

2. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 7.

3. https://indiankanoon.org/doc/889663/

The NOTA case:

1. Sondhi, Aditya, ‘Elections’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

2. https://globalfreedomofexpression.columbia.edu/cases/peoples-union-civil-liberties-v-india/

3. https://main.sci.gov.in/pdf/SupremeCourtReport/2013_v12_pii.pdf

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