Amendment to the Conduct of Election Rules
Context
The recent amendment to the Conduct of Election Rules, 1961, limits public access to certain election documents, sparking debates over transparency and electoral integrity. While the Election Commission (EC) defends the move, activists and opposition parties have raised concerns about its implications.
Relevance:
GS-02 (Government policies and interventions)
Dimensions of the Article
- What Is the Amendment About?
- About Conduct of Election Rules, 1961
- Advantages of the Amendment
- Disadvantages of the Amendment
What Is the Amendment About?
- The Union Law Ministry amended Rule 93(2)(a) of the Conduct of Election Rules, 1961, on December 20, based on a recommendation from the EC. The rule earlier stated that “all other papers relating to the election shall be open to public inspection.” Post-amendment, the phrase now reads: “all other papers as specified in these rules relating to the election shall be open to public inspection.”
- This change narrows public access, particularly concerning electronic records like CCTV footage of polling stations. It follows a Punjab and Haryana High Court order directing the EC to share all election-related documents, including CCTV footage, for the Haryana Assembly elections.
- The EC clarified that the amendment was necessary to:
- Address ambiguity in the term “election papers.”
- Prevent potential misuse of sensitive data, such as CCTV footage, which could compromise the secrecy of votes and voter privacy in sensitive regions.
About Conduct of Election Rules, 1961
- Aim: To facilitate free and fair elections by providing detailed guidelines for conducting elections to Parliament and State Legislatures.
- Key Features of the Rules:
- Election Framework: Lays down the process for nominations, polling, counting of votes, and declaration of results under various sections and rules.
- Transparency: Previously, Rule 93(2)(a) allowed public access to “all papers relating to elections.”
- Voter Confidentiality: Maintains the secrecy of voters’ identities and their choices during the election process.
- Roles of Election Officers: Defines the duties and responsibilities of polling and returning officers.
- Dispute Resolution: Outlines procedures to address complaints and disputes arising during elections.
Advantages of the Amendment
- Preserving electoral secrecy:
- Sharing CCTV footage might reveal sensitive details about voter behaviour, especially in vulnerable areas.
- The amendment prevents misuse of such footage through artificial intelligence or other technologies.
- Clarifying Ambiguity:
- By specifying the types of documents accessible, the rule removes confusion around the scope of public inspection.
- Preventing Misuse:
- Restricting access to electronic data reduces the risks of tampering with or misrepresenting sensitive election records.
Disadvantages of the Amendment
- Transparency at Stake:
- Activists argue that Rule 93 served as an RTI-like provision for elections, ensuring accountability.
- The amendment limits public access to critical documents not explicitly listed in the rules but mentioned in EC manuals.
- Eroding Public Trust:
- The opposition and transparency advocates believe the move restricts citizen-voters’ right to scrutinise the electoral process.
- Key documents like Presiding Officers’ diaries, which provide crucial details about voter turnout, are now less accessible.
- Unilateral Decision-Making:
- Political parties like the Congress and Left have criticised the EC for not consulting all stakeholders before recommending the amendment.
- Allegations of undermining multi-party democracy and institutional integrity have been raised.
Way Forward
- The EC must balance the need for secrecy with the public’s right to information. Clear guidelines can ensure transparency without compromising voter privacy.
- Future amendments should involve consultations with political parties, civil society, and legal experts to build consensus and avoid controversies.
- Independent bodies or parliamentary committees can review the EC’s recommendations and decisions to ensure democratic integrity.
- Public awareness campaigns can help citizens understand the rationale behind such amendments and their implications for the electoral process.
Related Posts
Static Quiz, March 19, 2022
Posted on
