Precedent is a source of law:

a case study of
PUCL vs Union of India
Presented by:
Priyansh Sharan, 15021
Introduction:-

A precedent is a principle or rule established in a previous legal case

that is either binding on or persuasive for a court or other tribunal when
deciding subsequent cases with similar issues or facts.

Feature of the common law system.

In India, the decisions of the Supreme court are binding on all lower
courts.
The case

PUCL vs Union of India was decided in 2013 by the Supreme court.

The main point of consideration was the constitutional validity of Rules 41(2), (3)
and 49-O of the Conduct of Election Rules, 1961.
According to these rules, if an individual decided not to vote, his choice is recorded
as not voted.
This a violation of Section 128 of Representation of the People Act, 1951 and secret
ballot which is part of the freedom of expression guaranteed in Article 19(1)(a).
The Court distinguished between the right to vote and the freedom of voting as
a species of the freedom of expression.
The Court then found that in a system of direct elections, secrecy was essential in
order to ensure the effectiveness of the vote that is, elections could not be free
and fair unless secrecy was maintained.
 Invoking Indira Nehru Gandhi v. Raj Narain and Kihoto Hollohan v.
Zachilhu for the unexceptionable proposition that an effective
democracy functioning through periodic fair and free elections is part of
the basic structure of the Constitution.
Impact of the judgement:-

The Court directed the Election Commission to introduce a None of the

Above[NOTA] option into the Electronic Voting Machines.

It also clarifies the constitutional status of voting.

Following the judgement, the Election Commission of India introduced NOTA

by notification on 11th October 2013.

However, they clarified that even if the number of electors opting for NOTA
option is more than the number of votes polled by any of the candidates, the
candidate who secures the largest number of votes has to be declared elected.
Thank You