CONDUCT
OF ELECTION RULES - POLITY
NEWS: The Centre
amended the Conduct of Election Rules to restrict  access for the public to a section of poll
documents.
WHAT’S IN
THE NEWS?
What is the Conduct of Election Rules (1961)?
 - The Conduct of Election
     Rules (1961) is a comprehensive set of regulations designed to govern
     the procedures for conducting elections in India.
 
 - It is framed under the Representation
     of the People Act, 1950 and Representation of the People Act, 1951
     to ensure free, fair, and transparent elections.
 
 - These rules detail the
     processes, including the preparation of electoral rolls, nomination of
     candidates, voting procedures, and the handling of election documents and
     materials.
 
The Recent Amendment
 - On December 20, 2024,
     the Union Ministry of Law and Justice issued a notification
     amending Rule 93(2)(a) of the Conduct of Election Rules, 1961.
 
 - Prior to the amendment, Rule
     93(2)(a) stated that “all other papers relating to the election shall be
     open to public inspection.”
 
 - Following the amendment, the
     rule was modified to read, “all other papers as specified in these rules
     relating to the election shall be open to public inspection.” This change
     significantly limits public access to certain types of election documents.
 
 - Specifically, the amendment
     places restrictions on access to electronic records and CCTV
     footage from polling stations, which are now excluded from general
     public inspection.
 
Reason for the Amendment
 - The amendment was
     prompted by a recent court ruling by the Punjab and Haryana High
     Court, which directed the Election Commission (EC) to share all
     documents related to the Haryana Assembly elections, including CCTV
     footage. The ruling interpreted Rule 93(2) as applying to such
     footage, thus expanding public access to electronic data.
 
 - According to the Election
     Commission, the previous wording of Rule 93 did not specifically
     address the handling of electronic records like CCTV footage,
     leading to potential security concerns and confusion over their
     accessibility.
 
 - The EC explained that the
     decision to restrict access to CCTV footage was driven by concerns about
     the secrecy of voting and the potential misuse of footage,
     especially in sensitive regions where election security is
     critical. They also highlighted the risks of using artificial
     intelligence tools to manipulate or analyze footage from inside
     polling stations.
 
Opposition and Activist Criticism
 - Transparency activists and opposition parties have
     strongly opposed the amendment, arguing that it curtails the Right to
     Information (RTI) and undermines the democratic process.
 
 - Anjali Bharadwaj, a prominent RTI
     activist, described Rule 93 as being analogous to the RTI Act
     for elections, as it ensures that the public has access to important
     election-related documents, which is vital for maintaining transparency
     and accountability in the electoral process.
 
 - Venkatesh Nayak, Director of the Commonwealth
     Human Rights Initiative, criticized the amendment, saying that it
     appears to restrict access to several important documents not explicitly
     covered in the Conduct of Election Rules, but which are still
     crucial for citizens' understanding of the electoral process. For
     instance, documents such as the Presiding Officers’ diaries, which
     record voter turnout, voting patterns, and the distribution
     of tokens during elections, were not specifically mentioned in the
     rules but were traditionally accessible to the public.
 
 - Activists argue that this
     move is part of a broader effort to limit public scrutiny of the electoral
     process, especially regarding concerns about voter turnout and the
     integrity of the election data.
 
The Opposition's Reaction
 - The Congress Party
     has vehemently opposed the amendment, claiming that it is part of a “systematic
     conspiracy” by the ruling government to undermine the integrity of
     the Election Commission (EC).
 
 - Congress President
     Mallikarjun Kharge stated that the amendment is an attempt to
     erode the institutional independence of the EC and pointed out that
     this move is consistent with their earlier concerns about the deteriorating
     integrity of the election process under the current government.
 
 - The Samajwadi Party
     and Left parties have also joined the opposition in condemning the
     changes, accusing the Election Commission of unilateral
     decision-making and undermining the spirit of multi-party democracy
     by not consulting political parties before making such significant
     alterations to the election rules.
 
 - In response, the Congress
     has filed a petition in the Supreme Court challenging the
     amendments, asserting that these changes could severely restrict
     transparency and public access to election-related information.
 
What the Election Commission Claims
 - The Election Commission
     (EC) has defended the amendment, explaining that it was necessary to clarify
     ambiguities in the original wording of Rule 93(2), particularly
     regarding the handling of electronic records like CCTV footage.
 
 - The EC argued that the
     change was essential to preserve the secrecy of the vote,
     especially in sensitive areas where the security of the election process
     is paramount. They emphasized that the public inspection rule still
     applies to most paper-based election documents and materials.
 
 - The EC also raised concerns
     about the misuse of CCTV footage, suggesting that such footage
     could be exploited using modern technologies like artificial
     intelligence to manipulate or misinterpret the election process, which
     could pose a significant threat to the integrity of elections.
 
 - The EC stressed that while electronic
     data will no longer be available for public inspection, all other
     election documents—such as polling station records, voter lists, and
     reports filed by election officers—will remain open to scrutiny by the
     public, ensuring a degree of transparency in the electoral process.